The liquidation of a company
or business with a profitable future and full order book simply
because of current financial difficulties can be very frustrating
for all concerned. The shareholders lose their business and the
creditors lose a customer who could be valuable once the current
difficulties have been resolved.
The Insolvency Act 1986 provides for just such circumstances with
the Company Voluntary Arrangement. This is a legal procedure whereby
a company that is in financial difficulty can make a formal proposal
to settle its debts. The proposal is then sanctioned by the courts
and implemented by a Licensed Insolvency Practitioner.
This is a highly flexible procedure that can be adapted to the
needs of both the company and its creditors. Creditors often prefer
it as it provides greater and faster returns than liquidation while
retaining the company as a customer once the difficulties have passed.
A CVA is binding and prevents creditors from taking any further
action, allowing the company to restructure its affairs and clear
its debts without the pressure of impending liquidation. |