Directors face bans for Covid loan abuses


Directors seeking to dissolve their companies to avoid repaying creditors face government action to prevent exploitation of a loophole to write off statebacked emergency Covid-19 loans.

The Insolvency Service will be given beefed up powers to investigate and sanction directors found to have abused the process. The measures, part of bill put before parliament yesterday, will give the agency retrospective powers.

The government promised to clamp down on any potential fraud in repaying Covid loans in the Budget this year. Officials are keen to close the loophole to curb any losses to the taxpayer as banks start to charge interest or seek to recoup the loans once the repayment holidays on the state-backed schemes end.

Individuals found to have misused the process would face sanctions such as a ban from serving as a director for up to 15 years. The measures would bar directors of dissolved companies from setting up a near identical business.

The government said the process, which often leaves customers and creditors, including HM Revenue & Customs, out of pocket, would "no longer be able to be used as a method of fraudulently avoiding repayment of governmentbacked loans given to businesses to support them during the pandemic".

The government has provided partial or full guarantees on about £75bn of the emergency loans that were designed to keep business afloat during lockdowns. The majority went to about 1.5m small companies through the "bounce back"

scheme that offered up to £50,000 interest-free for a year.

Banks have started to write to thousands of borrowers to warn them of the need to start covering outstanding debts, which executives have said would flush out attempts at fraud.

Kwasi Kwarteng, business secretary, said the government would "not hesitate to disqualify directors who deliberately leave employees and the taxpayer out of pocket", adding: "Extending powers to investigate directors of dissolved companies means those who have previously been able to avoid their responsibilities will be held to account."

Roger Barker, director of policy and corporate governance at the Institute of Directors, said: "Using company dissolution as a mechanism for the evasion of a directors' duties has no place in the governance of a responsible enterprise."

The bill also aims to prevent companies claiming business rates relief on the grounds the pandemic represented a "material change of circumstance".

The government has estimated that 170,000 companies have made such claims but yesterday said that such marketwide economic changes to property values could be properly considered only at general rates revaluations.

"Allowing business rates appeals on the basis of a 'material change in circumstances' could have led to significant amounts of taxpayer support going to businesses who have been able to operate normally throughout the pandemic and disproportionately benefiting particular regions like London," the government said.

'Those who have previously been able to avoid their responsibilities will be held to account'


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    Tuesday, April 23, 2024