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