11 Years Disqualifiaction for this one - over egging turnover for BBL and not for econimic benefit of company
Not a bad deal through took £50K BBL only paid £25K back to Liquidators!
A (“Mr A”) caused S A Limited (“S”) to fraudulently apply for a Government Backed Bounce Back Loan (“BBL”) when he knew or ought to have known that S was not eligible for that loan. Further, Mr A has failed to provide accounting records evidencing that the BBL funds were used for the economic benefit of S, which was a requirement of the BBL scheme, in that:
1. Mr A was a director of S from 03 December 2018 until liquidation.
2. On 17 May 2020, Mr A applied for a BBL of £50,000 on behalf of S. In the application form, Mr A declared that S’ up to date annual turnover was £200,000.
3. The BBL scheme allowed businesses affected by the Coronavirus pandemic to apply for a government backed loan of between £2,000 and £50,000, up to a maximum of 25% of turnover in the calendar year 2019. Where a business had not traded for the whole of 2019, a business could provide an estimate of their annual turnover.
4. The first payment that can be seen going into S’ bank account from a customer was a payment of £100 on 22 August 2019, indicating that S did not trade for the whole of the calendar year 2019 and so was eligible to provide an estimated figure for annual turnover on the BBL application form.
5. Total customer receipts into S’ bank account from 22 August 2019 to 17 May 2020 were £3,110, an average of £346 per month. The highest monthly income S received from customers was £640 in February 2020. Using the February 2020 figure as an estimated maximum monthly income gives annual turnover of a maximum of £7,680.
6. Mr A has failed to provide any evidence that the estimated annual turnover of £200,000 was appropriate. Based on the available records, annual turnover was a maximum of £7,680. This was below the turnover level of £8,000 that was required in order to obtain the minimum BBL of £2,000 and so S was not eligible for the BBL scheme.
7. On 21 May 2020, £50,000 was credited to S’ bank account as a result of the BBL application.
8. Mr A has stated that the BBL funds were used to fund marketing and advertising services provided by four self-employed individuals (“the four individuals”), who were not connected to the directors of S. Mr A’s co-director later confirmed that one of the four individuals who received funds from S was a member of his family.
9. The four individuals each received monthly payments from S of £2,000 between 26 June 2020 and 26 October 2020, with two of them receiving an additional payment of £1,900 each on 26 November 2020, a total of £43,800.
10. S bank statements show that after 21 May 2020 when S received the BBL funds, the only payments into S’ bank account from customers were three payments of £100 each made in July 2020, September 2020 and October 2020, all from the same customer. S’ bank statements show that this was an existing customer of S and so this was not new custom generated by the expenditure stated to be on marketing and advertising. Mr A has not provided evidence of any new custom generated by the £43,800 he claims was spent on marketing and advertising between 26 May 2020 and 26 November 2020.
11. In late November 2020, Mr A sought professional advice into the affairs of the company and on 19 January 2021 S went into liquidation.
12. The bank who gave S the BBL confirmed that at the date of liquidation the outstanding balance on the BBL was £49,846.
13. At the date of liquidation S had assets of £168, liabilities of £50,046 and a deficiency to creditors of £49,878. 14. The Liquidator has advised that Mr As co-director has repaid £25,000 in full and final settlement of the claims against both directors, reducing the deficiency to creditors to £24,878