How to Draw a Line Under Historic Debts and Get Back to Business
If you run a business under financial strain, the term Company Voluntary Arrangement or CVA will have crossed your desk. In my years of practice I have seen CVAs play a crucial role in turning businesses around, allowing them to carry on trading while tackling legacy liabilities in a structured, enforceable way.
In this blog I explain what a CVA is, when it might be appropriate, how it works, practical tips on making it succeed, and a simple checklist you can refer to.
What is a CVA?
A Company Voluntary Arrangement is a legally binding agreement between a company and its creditors, allowing the company to pay back what it can over time while writing off or rescheduling the rest. It is governed by Part 1 of the Insolvency Act 1986 and the Insolvency (England and Wales) Rules 2016. A CVA must be proposed by the company’s directors and supervised by a licensed insolvency practitioner.
If approved by the requisite majority of creditors, it can protect the business from enforcement action while providing a clear path through difficulty.
Key statutory resources:
- gov.uk CVA guidance
https://www.gov.uk/company-voluntary-arrangements-cvas - Insolvency Service guidance
https://www.gov.uk/government/collections/insolvency-practitioner-guidance - Insolvency Act 1986 (legislation)
https://www.legislation.gov.uk/ukpga/1986/45 - Insolvency Rules 2016
https://www.legislation.gov.uk/uksi/2016/1024
When to Consider a CVA
A CVA may be suitable if:
- Your business is viable, or can be made viable, but the company has unsustainable past obligations.
- You have identifiable future cash flow to meet ongoing costs and make agreed repayments.
- You want to stay in control of the business rather than enter liquidation or administration right away.
It is not a rescue for every business. If the core business model is unviable, other routes such as administration or a pre-pack sale may be more appropriate.
For a refresher on those alternatives go to my Blog Library and search for blogs on ‘Administration and Rescue Options’ and ‘CVL and Insolvent Liquidation’. Alternatively use the search function.
How a CVA Works in Practice
- Assessment and Preparation
An insolvency practitioner (IP) reviews financials, forecasts and creditor claims. They help draft the proposal. - Proposal
The CVA proposal sets out how creditors will be treated. This includes:- Which debts (if any) will be paid in full?
- Which debts will be compromised?
- Timing and amounts of any repayments.
- Creditor ‘Meeting’
Creditors vote. A CVA needs at least 75% by value of those creditors present and voting to approve. - Implementation
Once approved at the meeting, the CVA becomes legally binding on all creditors and the company. - Supervision
The IP monitors compliance and reports to creditors.
If a CVA fails, the business will usually have to consider administration or (more likely) winding up.
Practical Tips for a Successful CVA
Start Early
Delaying action often limits the options that remain. The earlier a CVA is considered, the better the chance of building consensus and maximising value.
Be Realistic in Proposals
Creditors will scrutinise forecasts. A proposal that relies on overly optimistic performance invites rejection. A realistic proposal demonstrates management credibility.
Engage with Key Creditors
Talk to major suppliers, landlords, HMRC and lenders early. Real engagement can reduce resistance later.
Helpful link: HMRC insolvency guidance. https://www.gov.uk/government/collections/hmrc-insolvency-guidance
Monitor Cash Flow Religiously
Ongoing cash forecasts are essential. If shortfalls loom, act quickly.
Communicate Clearly
Internal transparency with staff reduces uncertainty and supports continuity of trade.
Common Misconceptions
A CVA is Not a Free Pass
It is a commitment to real payments where possible and enforceable terms. Creditors will seek value and vote against proposals that are not credible.
Not All Debts Are Treated Equally
Some debts, such as employees’ wages or certain statutory liabilities, may have special status.
Directors’ Responsibilities Continue
Directors must continue to act in the best interests of the company and its creditors. Wrongful trading can still be an issue outside the CVA process.
Quick Takeaway Checklist
Use this checklist as a practical prompt when considering a CVA:
- Have you assessed current debts and cash flow forecasts?
- Has an insolvency practitioner reviewed your situation?
- Is there a credible proposal that shows how creditors will be treated?
- Have you engaged with major creditors early?
- Is the proposed repayment timetable realistic?
- Have you compared the CVA to alternatives like administration?
- Are internal stakeholders informed of the process?
- Have you considered how to monitor and report on compliance?
Final Thought
A CVA can be a powerful tool when used appropriately. It offers a structured, legally enforceable way to deal with historic liabilities while preserving the life of a business. The key to success lies in early engagement, realistic planning and clear communication. If you’re wrestling with these decisions, reach out to a qualified insolvency practitioner early. The right professional support can transform a daunting process into a manageable, transparent path forward.
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