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

Blackpool Council moves forward with plans for first data centre as part of Silicon Sands Artists impression of how Silicon Sands could look

Blackpool Council moves forward with plans for first data centre as part of Silicon Sands

04 Nov 2025

2

Monks Contractors eyeing expansion after deal Monks Contractors new vehicles for Lancashire Renewables

Monks Contractors eyeing expansion after deal

04 Nov 2025

3

Eric Wright Construction hands over first care home to Wrightcare James Eager, director Eric Wright Construction and Gill Chadwick, managing director Wrightcare

Eric Wright Construction hands over first care home to Wrightcare

04 Nov 2025

4

Greater Lancashire Hospital acquires First Trust Hospital on D’Urton Lane Gwam Rajiah, Executive Chairman of Greater Lancashire Hospital and Bespoke Healthcare Group

Greater Lancashire Hospital acquires First Trust Hospital on D’Urton Lane

04 Nov 2025

5

CoolKit celebrates 20 years by bringing major industry award back to Lancashire Coolkit receive the award

CoolKit celebrates 20 years by bringing major industry award back to Lancashire

03 Nov 2025

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
November / December 2025 Magazine Launch Event
Holiday Inn Hotel
Networking
19 Nov 2025

November / December 2025 Magazine Launch Event

Holiday Inn, Blackpool

08:30 - 10:30

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

Chamber Breakfast Networking – November
Lancs-cham-logo.jpg.jpg
LBV Hub Networking
06 Nov 2025 - 06 Nov 2025

Chamber Breakfast Networking – November

Porsche Centre South Lakes, Carnforth, LA6 1FW

08:30 - 10:30

Lancashire Police business update with The Police and Crime Commissioner
Lancs-cham-logo.jpg.jpg
LBV Hub Roundtables
10 Nov 2025 - 10 Nov 2025

Lancashire Police business update with The Police and Crime Commissioner

Lancaster Castle, Lancaster, LA1 1YN

14:00 - 16:00

Beyond the Brand: Building trust through values and integrity
1.png.png
LBV Hub Networking
11 Nov 2025 - 11 Nov 2025

Beyond the Brand: Building trust through values and integrity

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 20:00

AI, Creativity, and what it means to be human
2.jpg.jpg
LBV Hub Networking
11 Nov 2025 - 11 Nov 2025

AI, Creativity, and what it means to be human

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 20:00

The Great Winter Pie and Pea Social
Logo.jpg.jpg
LBV Hub Social
12 Nov 2025 - 12 Nov 2025

The Great Winter Pie and Pea Social

The Royal Hotel & Bar, Lancaster, LA1 1YD

17:30 - 20:00

The Business Network Central and East Lancashire
LBV Hub Networking
13 Nov 2025 - 13 Nov 2025

The Business Network Central and East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

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