The directors will, with the aid of a Licensed Insolvency
Practitioner, devise a scheme whereby the company, through trading, a
sale of the business or otherwise, is able to repay a dividend to its
creditors.
There is no protection from creditors and therefore once they have
been notified of the proposed CVA they may decide to take other steps
to wind up the company or protect their position.
All creditors who have been notified of the CVA, which has been
agreed by a majority of them, will be bound by it. This means that it
is very important to make sure that all creditors have been notified
even if they have not agreed to the CVA since they could otherwise
take precipitate action.
Secured creditors retain their security and so it will be important
to ensure that important secured creditors who could terminate their
agreements with the company in the event of a CVA have been approached
and agree to support the CVA proposals. Landlords who could forfeit
leases are particularly important as are a providers of lease finance
etc.
Gore and Company works with companies to help them devise schemes
to save their businesses and deal with the claims of creditors.
The services include working to develop tactics to approach
important secured creditors, preperation and viability review of
proposals and the management of a scheme for a CVA.
Contact us for a free consultation or free initial business
review.