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

First phase of £6m community facility work completed Whittingham Club 020

First phase of £6m community facility work completed

03 Nov 2026

2

Accountants relocates to Chorley Img0024

Accountants relocates to Chorley

03 Nov 2026

3

Jewellers scoops top national award Ainsworth Jewellers Win At Naj Awards

Jewellers scoops top national award

03 Nov 2026

4

D&M Creative backs Red Rose Awards with category sponsorship Red Rose Awards

D&M Creative backs Red Rose Awards with category sponsorship

03 Nov 2026

5

Made in Burnley: Why putting technical education first is the key to growth Neil Burrows Burnley College

Made in Burnley: Why putting technical education first is the key to growth

03 Nov 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
LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

The Landmark, School Lane, Burnley, BB11 1UF

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Sub36 Reunion & Networking
03 Dec 2026

Sub36 Reunion & Networking

Burnley Football Club, BB10 4BX

15:00 - 17:00

Lancashire Net Zero Conference 2027
NZC27 Social 1200x800Generic 1 11 Feb 2027

Lancashire Net Zero Conference 2027

The Wellbeing Farm, Edgworth, Wheatsheaf Hill Farm, Plantation Road, BL7 0BY

09:30 - 02:00

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

Chamber Breakfast Networking – November
Lancaster And Morecambe Logo 1 03 Nov 2026

Chamber Breakfast Networking – November

Porsche Centre South Lakes, Carnforth, LA6 1FW

08:30 - 10:30

Action Members November Event
1791817755261.png.png 03 Nov 2026

Action Members November Event

The Wellsprings, Howell Croft South, Bolton BL1 1SB, Bolton, BL1 1SB

09:15 - 11:45

Funding Unlocked
IMG_3058.jpeg.jpg 04 Nov 2026

Funding Unlocked

Accrington Stanley FC, Accrington , BB5 5BX

10:00 - 12:30

Breakfast Social and Coworking Day: November
Brekfast social Nov Creative lancs small.png.png 05 Nov 2026

Breakfast Social and Coworking Day: November

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Clubhouse Business Network sponsored by Orca Finance - November 2026
Club House Padel 05 Nov 2026

Clubhouse Business Network sponsored by Orca Finance - November 2026

Clubhouse, Blackburn, BB1 3NT

14:00 - 16:00

Lancashire Construction Connections
1790691579952.jfif.jpg 05 Nov 2026 - 05 Nov 2026

Lancashire Construction Connections

Holmes Mill, Clitheroe, BB7 1EB

14:00 - 17:00

Immigration changes on the horizon - what HR teams need to know
Immigration webinar.png.png 10 Nov 2026

Immigration changes on the horizon - what HR teams need to know

Online, via Microsoft Teams

12:00 - 12:45

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 LBV130 Online GraphicWebsite
Subscribe now

Weekly news bulletin