Bounce Back Loans and the risk of personal liability

By Begbies Traynor

20 May 2020

ds19-07-16000477.jpg

As many will be aware, following the widespread criticism of the Coronavirus Business Interruption Loan Scheme (CBILS), the Government responded with the launch of the Bounce Back Loan Scheme (BBLS) as a faster, more accessible alternative.

Bounce Back Loans are aimed at, but not limited to, smaller business and give access to loans worth up to 25% of its turnover to a maximum of £50,000. They are provided interest-free for the first 12 months and are 100% Government backed lowering the risk for lenders.

Take up has been significant – there were 130,000 applications in the first 24 hours and loans of worth over £2bn were lent during this initial period.

Interest-free loans, Government-backed...what’s the risk?

Due to the ease of the application and the generous payment terms there is a risk that many will view Bounce Back Loans as ‘free money’. This is, of course, not the case and directors must remember it is the responsibility of the Company to pay back the loan once monthly repayments begin following the initial 12-month grace period.

When the ease of application is coupled with the fact that the Company directors will not need to provide a personal guarantee, it doesn’t take a great leap of imagination to recognise that some directors may take advantage of the scheme to repay themselves or personal debts.

The assumption may be that if the Company is unable to recover from the impact of Covid-19 and subsequently enters into a formal insolvency process, then responsibility for repaying the Bounce Back Loan will remain solely with the company and liability cannot and will not be transferred to directors.

However, this will not be case if the directors have acted improperly and breached their fiduciary duties or abused the loan scheme. Whilst wrongful trading provisions have been temporarily suspended in response to the Covid outbreak other provisions of the Insolvency Act and Companies Act remain in full force and operation.

Directors therefore need to be mindful of potential misconduct and preference payments. The Bounce Back Loans can be used to refinance existing liabilities, although caution needs to be exercised if you are planning on doing this. Take for example a company which has a significant amount of existing debt which is owed to a variety of creditors and an element is personally guaranteed or personally owed to the director or their associates. In this example, if the director chooses to pay off only that debt with a personal link leaving unsecured creditors unpaid, then this is likely to be seen as an act of misfeasance through the making of a preference.

Such a transaction is likely to be challenged by any appointed Insolvency Practitioner and could lead to possible personal liability for repayment.

If as a Director you are considering taking out a Bounce Back Loan, particularly if you are intending to use these funds to pay back existing borrowing, it is important to take advice from a licensed insolvency practitioner beforehand to remove the risk of inadvertently falling foul of the rules surrounding preference payments and other potential actions Obtaining early advice will be an added layer of protection in the unfortunate event the Company is subsequently placed into insolvency.

You can arrange a consultation with Ian McCulloch at Begbies Traynor by calling on 01772 202000 or 07854 031177.

Latest news

1

Lumo launches West Coast rail service with 100 jobs in Preston Lumo train in London and staff

Lumo launches West Coast rail service with 100 jobs in Preston

22 May 2026

2

Lancashire brings £20bn of investment opportunity to UKREiiF UKREiiF

Lancashire brings £20bn of investment opportunity to UKREiiF

22 May 2026

3

Work begins on Blackpool’s Multiversity campus Multiversity in Blackpool

Work begins on Blackpool’s Multiversity campus

22 May 2026

4

New £8.7m Pleasure Beach ride opens to public Aviktas ride

New £8.7m Pleasure Beach ride opens to public

22 May 2026

5

Red Rose Awards winners gather to celebrate Lancashire business Red Rose Awards Winners Reception

Red Rose Awards winners gather to celebrate Lancashire business

21 May 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
Funding Summit
Funding Logo Canva Mid
Summit
17 Jun 2026

Funding Summit

Village Hotel Blackpool

08:30 - 11:00

LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Building a high-performance culture
business workshop.png.png
LBV Hub Seminars
03 Jun 2026

Building a high-performance culture

Media Factory, University of Lancashire, Preston, PR1 2HE

09:30 - 11:30

Chamber Breakfast Networking – June
LBV Hub Networking
03 Jun 2026

Chamber Breakfast Networking – June

Pye Motors, Morecambe, LA3 3PE

08:00 - 10:00

Society1 Breakfast Social and Coworking Day
Breakfast Social June Facebook.png.png
LBV Hub Networking
04 Jun 2026

Society1 Breakfast Social and Coworking Day

Society1 Coworking Space, Preston, PR1 3LT

09:00 - 17:00

Yellow Day 2026
LBV Hub Fundraisers
07 Jun 2026

Yellow Day 2026

St Catherine's Hospice, Preston, pr55xu

11:00 - 16:00

Opening doors and opportunity for Tech in Preston
PTC Square June (900 x 900 px)-2.png.png
LBV Hub Networking
09 Jun 2026

Opening doors and opportunity for Tech in Preston

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Clubhouse Business Network sponsored by Orca Finance - June 2026
Padel Network.png.png
LBV Hub Networking
11 Jun 2026

Clubhouse Business Network sponsored by Orca Finance - June 2026

Clubhouse , Blackburn, BB1 3NT

14:00 - 16:00

The Business Network Central and East Lancashire
LBV Header (33).png.png
LBV Hub Networking
18 Jun 2026

The Business Network Central and East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

Chamber Business Lunch
LBV Hub Networking
19 Jun 2026

Chamber Business Lunch

Lancaster House Hotel, Lancaster, LA1 4GL

11:00 - 14:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin