The Government has announced a loan scheme to support small businesses who have been impacted by COVID-19.  The Government has said this has been partly driven by the banks not meeting the Government’s expectations in supporting small and medium businesses.

Loan applications will be open from 12^th May to 12^th June 2020 (inclusive).

What is the eligibility criteria?

In order to be eligible for the loan business must meet the following criteria:

• has 50 or fewer full-time equivalent employees. Commonly-owned businesses and organisations are treated as a single employer when determining if this test is met.
• the business must be viable and must have a plan to ensure it remains viable.
• the business has had or is predicted to have, at least a 30% decline in revenue in any month from January 2020 to June 2020 when compared to the same month in 2019. This is the same test as is used for the wage subsidy scheme, however, it does not mean that a business needs to have received the wage subsidy in order to apply for the loan.
• the business must have existed before 1 April 2020

How do you determine if a business is viable?

Inland Revenue states business is viable if there is good reason to believe it is more likely than not the business will be able to pay its debts as they fall due over the next 18 months.  A business must keep evidence of the fact it is viable in the event an audit is undertaken.

What should a borrower consider before applying for the loan?

A borrower should speak with their lawyer to understand their legal obligations in taking out a loan.

A borrower should speak with their existing financiers to ensure that taking out the loan will not breach any terms or conditions of existing borrowings.

A borrower should also speak with their McIntyre Dick adviser to ensure the business is viable.  As Inland Revenue expects evidence to support the viability of the business it may require forecasts to be prepared for the business.

It must be remembered that at the end of the day this is a loan and it needs to be repaid.  A borrower needs to consider whether the business will make sufficient profits going forward in order to make the required loan repayments.

How much can be borrowed?

A business can only apply for the loan once and once the application has been made no amendments can be made.

The maximum loan a business can apply for is $10,000 plus $1,800 per full-time equivalent employee.

Inland Revenue will calculate the number of full-time equivalent employees by working out the total wage subsidy a business would have received if it applied for all employees (and if applicable working sole traders and partners of partnerships),  then dividing this by $7,029.60 (subsidy for a full-time equivalent employee).

It is possible for a business to request a loan amount less than the maximum loan available.

Inland Revenue advises loans will be received as a lump-sum amount within 5 working days of making an application.

What can the loan be used for?

The loan can only be used for core operating costs, including, but not limited to, rent, insurance, utilities, supplier payments, or rates.

The loan cannot be passed onto the owners of the business by way of dividends, loans, drawings, or otherwise.

What is the term of the loan and what repayments are required to be made?

The term of the loan is a maximum of 5 years.

Loan repayments are not compulsory in the first 24 months but voluntary repayments can be made.  However, there is no ability to re-draw any voluntary repayments made.

After 24 months, regular payments of principal and interest are required to be made.  Inland Revenue advises it will calculate these repayments over a 3 year period.

Any repayments are firstly applied against accrued interest then principal.

If there is an Event of Default then the borrower must repay the loan immediately.

What interest rate is charged?

The loan is interest-free if it is repaid in full within 12 months of the loan being made available, as long as the repayment is not due to an Event of Default.

Otherwise the interest rate is 3% per annum with interest accruing daily but not compounding.

If an amount is not paid by a due date, or there is an Event of Default and the loan is not repaid immediately, then the default interest rate will apply.  The default interest rate is equal to Inland Revenue’s use of money interest rate (currently 7%).

What representations need to be made by the borrower?

When applying for the loan a borrower makes the following representations:

• all information provided in connection with the application for the loan and wage subsidy is true and accurate and not misleading
• the person making the application has the authority and power to do so
• if a non-natural person, the business is registered and existing under the laws of NZ and the board or committee has been correctly and validly appointed
• if a natural person, the person has full mental capacity, is not a minor and is physically located and legally working in NZ
• no action has been taken for or with a view to dissolving, terminating, disestablishing, deregistering, or winding up the business or appointing a liquidator, receiver, statutory manager, administrator or bankruptcy official
• if trustees of a trust, no trustee has not lost, limited or prejudiced their right to be reimbursed from trust property
• the loan will not breach any other agreement or instrument binding upon the borrower or any assets of the borrower
• the obligations under the loan are legal, valid, binding and enforceable against the borrower
• no Event of Default is expected to result from the making of the loan

What undertakings does the borrower take on?

When applying for the loan the borrower accepts the following undertakings:

• for non-natural persons, the business will maintain its existence and registration in NZ and will not relocate outside NZ
• if a natural person, they will continue to be physically located and legally working in NZ
• to do everything to comply with the obligations under the loan
• to supply Inland Revenue with any information they may request
• to notify Inland Revenue of any Event of Default or if the borrower ceases to carry on the business for which the loan was provided
• to comply with all obligations under the wage scheme
• to comply with all declarations, statements and undertakings made in respect of the loan

What is an Event of Default?

An Event of Default occurs in the following situations and will, generally, require the loan to be repaid immediately in full:

• an amount payable under the loan is not paid by the due date
• a breach of any undertaking
• providing untrue, inaccurate or misleading information in connection with the loan
• the borrower suspends making payments on any debt owed, or any action is taken for or with a view to
  • dissolving, terminating, disestablishing, deregistering, or winding up the business
  • appointing a liquidator, receiver, statutory manager, administrator or bankruptcy official
  • rescheduling or moratorium of the borrower’s indebtedness
  • a composition or general assignment with or for the benefit of the borrower’s creditors
  • the borrower ceases to carry on the business for which the loan was provided
  • substantially all assets of the borrower’s business for which the loan was provided are sold or transferred

Is there any limitation of liability for an independent trustee in applying for a loan?

The liability of an independent trustee for the loan is limited to the assets of the trust.  However, this does not apply if the independent trustee loses their right to be indemnified out of the trust property, or diminishes the trust property through fraud or wilful breach of trust.

How do you apply for the loan?

Currently, only the borrower, or someone who holds a power of attorney for the borrower can apply for the loan through the borrower’s MyIR account.  At this stage it is not possible for McIntyre Dick to apply for this loan on your behalf.

What if I need assistance in applying for this loan?

If you need assistance in determining whether you are eligible for this loan, whether your business is viable, or completing the application, then please your McIntyre Dick adviser.  It is possible you could be eligible for a Management Capability Development Voucher for us to provide these services to you.  You can find more information on our website regarding the Management Capability Development Voucher Fund by clicking here