Mandatory contents of a CVA
The
Insolvency Rules 1986 provide that the following information must be provided
in the proposal for a CVA
Rule
1.3 Contents of proposal
(1)
The directors' proposal shall provide a short explanation why, in their
opinion, a voluntary arrangement under Part I of the Act is desirable,
and give reasons why the company's creditors may be expected to concur
with such an arrangement.
(2)
The following matters shall be stated, or otherwise dealt with, in the
directors' proposal--
(a)
the following matters, so far as within the directors' immediate knowledge--
(i)
the company's assets, with an estimate of their respective values,
(ii)
the extent (if any) to which the assets are charged in favour of creditors,
(iii)
the extent (if any) to which particular assets are to be excluded from
the voluntary arrangement;
(b)
particulars of any property, other than assets of the company itself,
which is proposed to be included in the arrangement, the source of such
property and the terms on which it is to be made available for inclusion;
(c)
the nature and amount of the company's liabilities (so far as within the
directors' immediate knowledge), the manner in which they are proposed
to be met, modified, postponed or otherwise dealt with by means of the
arrangement, and (in particular)--
(i)
how it is proposed to deal with preferential creditors (defined in section
4(7)) and creditors who are, or claim to be, secured,
(ii)
how persons connected with the company (being creditors) are proposed
to be treated under the arrangement, and
(iii)
whether there are, to the directors' knowledge, any circumstances giving
rise to the possibility, in the event that the company should go into
liquidation, of claims under--
section
238 (transactions at an undervalue),
section
239 (preferences),
section
244 (extortionate credit transactions), or
section
245 (floating charges invalid);
and,
where any such circumstances are present, whether, and if so how, it is
proposed under the voluntary arrangement to make provision for wholly
or partly indemnifying the company in respect of such claims;
(d)
whether any, and if so what, guarantees have been given of the company's
debts by other persons, specifying which (if any) of the guarantors are
persons connected with the company;
(e)
the proposed duration of the voluntary arrangement;
(f)
the proposed dates of distributions to creditors, with estimates of their
amounts;
[(fa)
how it is proposed to deal with the claim of any person who is bound by
the arrangement by virtue of section 5(2)(b)(ii);]
(g)
the amount proposed to be paid to the nominee (as such) by way of remuneration
and expenses;
(h)
the manner in which it is proposed that the supervisor of the arrangement
should be remunerated, and his expenses defrayed;
(j)
whether, for the purposes of the arrangement, any guarantees are to be
offered by directors, or other persons, and whether (if so) any security
is to be given or sought;
(k)
the manner in which funds held for the purposes of the arrangement are
to be banked, invested or otherwise dealt with pending distribution to
creditors;
(l)
the manner in which funds held for the purpose of payment to creditors,
and not so paid on the termination of the arrangement, are to be dealt
with;
(m)
the manner in which the business of the company is proposed to be conducted
during the course of the arrangement;
(n)
details of any further credit facilities which it is intended to arrange
for the company, and how the debts so arising are to be paid;
(o)
the functions which are to be undertaken by the supervisor of the arrangement;
[(p)
the name, address and qualification of the person proposed as supervisor
of the voluntary arrangement, and confirmation that he is either qualified
to act as an insolvency practitioner in relation to the company or is
an authorised person in relation to the company][; and
(q)
whether the EC Regulation will apply and, if so, whether the proceedings
will be main proceedings, secondary proceedings or territorial proceedings].
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