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IoD Midlands Summer

Institute of Directors Midlands; IoD East Midlands; IoD West Midlands; director development, training, news and events

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Keep up to date at www.iod.com/westmids and at www.iod.com/east-midlands<br />

Technical briefing: Finance<br />

Ian Priest has a timely<br />

warning over CBILs – the<br />

Government’s Coronavirus<br />

Business Interruption<br />

Loans – as they become<br />

due for repayment<br />

Just before 11.40 pm on January 14, 1912<br />

the Titanic’s look-out yelled “iceberg dead<br />

ahead.” The rest, as they say, is history.<br />

We will never know how different the<br />

outcome would have been if the iceberg<br />

had been spotted earlier or if a different<br />

course of action had been taken. Some<br />

suggest that hitting it head-on rather than<br />

trying to turn and taking a glancing blow<br />

would have left the ship severely damaged<br />

but still afloat. Who knows?<br />

What’s the link with directors in the<br />

<strong>Midlands</strong>? Well, there is a warning of ice in<br />

the near future and wise business owners/<br />

managers should be looking out for it, as it<br />

could have serious consequences.<br />

Government-backed Coronavirus<br />

Business Interruption Loans (CBILs) were<br />

granted with a six-year term. In September<br />

last year, when it was clear that the<br />

pandemic was not going away anytime<br />

soon, it was announced that loans could<br />

be extended beyond the original term to<br />

reduce the burden on businesses.<br />

For smaller businesses this appears to<br />

be pretty much a flexible option and<br />

lenders will be getting in touch with<br />

customers just before repayments are due<br />

to start with a range of flexible options.<br />

For the larger CBILs, however, the<br />

position is far less straightforward.<br />

The British Business Bank website says:<br />

‘A term extension beyond 6 years, up to a<br />

maximum of 10 years for existing CBILS<br />

facilities, can be made in connection with<br />

the provision of forbearance relating to the<br />

facility, at the discretion of the lender if<br />

within its usual forbearance policies.’<br />

So where, you may be asking, is the<br />

iceberg lurking in that statement?<br />

It’s in the word ‘forbearance’<br />

The customer has to ask the bank for<br />

forbearance and has to prove need.<br />

In effect, the client has to tell the bank<br />

that they are very likely to default on the<br />

loan if the term is not extended.<br />

I understand from at least two lenders<br />

that forbearance and therefore extension<br />

of the term cannot be handled by account<br />

managers; it will only be available from<br />

the experts in ‘Special Measures’, in other<br />

words, the ‘bad bank.’<br />

This means customers will be looked<br />

after by the teams that specialise in getting<br />

the bank’s money back. At the very least it<br />

means providing lots of data to the bank<br />

Warning: Iceberg<br />

dead ahead –<br />

and it’s called<br />

forbearance !<br />

on performance of your business every<br />

month and at worst, that they will start<br />

recovery processes.<br />

CBILs had no personal guarantees<br />

below £250k and were restricted to 20 per<br />

cent above £250k and supporting security<br />

over your home was not allowed. But that<br />

is not the full picture either – another<br />

potential iceberg looms.<br />

What if the bank had pre-existing<br />

security – guarantees and charges over<br />

your property? These will almost certainly<br />

be ‘all monies’ securities which means<br />

they can be applied to any and all money<br />

owed to the bank. Will the bank manage<br />

the recovery in such a way as to maximise<br />

what they can claim? Yes, they almost<br />

certainly will.<br />

The Government 80 per cent guarantee<br />

is 80 per cent of what is left after the bank<br />

has recovered everything it can from the<br />

company / security – it is not, and never<br />

was, 80 per cent of the loan.<br />

You may have the right to request an<br />

extension to your CBILs but I would<br />

strongly suggest that you need to think it<br />

through very carefully before you do.<br />

So perhaps a different course of action<br />

is called for?<br />

The Government has launched 80 per<br />

cent guaranteed Recovery Loans. On the<br />

face of it these are very similar to CBILs<br />

but do have some differences. There is no<br />

12 month repayment holiday and no<br />

18<br />

www.iod.com/emidlandsevents

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