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The Difference Between Pre-Pack Administration And Company Voluntary Arrangements

The quick answer

A pre-pack Administration means the company ends and a new one is formed. A Company Voluntary Arrangement means the existing company carries on.

A CVA is a formal agreement with your creditors and means the existing company keeps going; so the same bank, licenses and qualifications, staff, offices, customers etc. 

A Pre-Pack Administration means that the old company goes into administration and the business is sold to a new limited company. 

In more detail

CVA v Pre Pack

Most clients start off liking the idea of a company voluntary arrangement (CVA) as it sounds like a fair compromise to the creditors and allows the existing company to keep going, as setting up a new company can cause a lot of disruption. A CVA can also be useful in preserving licences, qualification’s or the reputation a business needs to keep trading. A good example of a CVA is a power cable laying and servicing business that we helped and who wanted to keep the staff qualifications and certificates. They needed these in the existing company’s name to keep trading with national businesses.

Getting a CVA approved is hard

The problem comes in trying to get enough creditors to agree to a CVA, as you need 75% of them by value that vote. Plus there is a hiatus period between deciding whether a CVA is the right option and usually there is over a month or more before it is approved by creditors and put in place. In addition, creditors might support the CVA but propose modifications. Typically if HM Revenue and Customs are over 25% of the vote they will influence the outcome and can place restrictions on dividends and directors salaries. If you do not accept the modifications the CVA will not go through. 

Why a Pre pack in the end?

A pre-pack administration seems like a more drastic option at first, but is in fact much quicker and more likely to guarantee the outcome for the directors. It can be done in a little over a week and means the new company is clear of the old debt, does not need 75% creditor approval and can sometimes be better for an ongoing credit rating. A CVA would mean that the company is registered at Companies House.

tip

If you need insolvency advice the earlier you talk to someone like us the better as you will have more options. We can help, contact us today.

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David Kirk

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David Kirk ACA FABRP

We have just worked with Kirks to complete the closure of our company. Everything went smoothly and professionally. I would recommend this firm and the staff who were very very helpful and quickly finalised everything. Thank you Kirks.
Carol Hill

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David Kirk

Licensed Insolvency Practitioner