The loan agreement with S Ewing and Sons Limited: FOI release

Information requested

1. Why had nothing been repaid at all?

2. What measures had The Scottish Government implemented to enforce the terms and conditions of the original loan agreement?

3. Should The Scottish Government fail to recover its debt following the liquidation process I am seeking reassurance that a forensic examination of the financial statements produced for S Ewing and Sons Limited will follow, not only for the period from 1 June 2020 to date of insolvency but also prior years to ensure that no transactions have been conducted with "connected " companies or individuals which could adversely affect the repayment of the loan.

Response

The answer to your question is:

• S Ewing and Sons failed to make repayments in line with their loan agreement despite several reminders being sent to the company.
• The Scottish Government took all reasonable steps to enforce the terms and conditions of the loan agreement and tried to support the company to find a repayment solution when payments were missed. When S Ewing and Sons failed to provide the financial information asked for we sent formal requests for the loan to be repaid in full and informed the company that the matter would be referred to our legal team if they failed to pay. S Ewing and Sons filed for voluntary liquidation on 30 March 2020 before we could initiate legal action.
• The appointed liquidator will conduct a comprehensive analysis of S Ewing and Son’s financial records and transactions prior to the Company going into liquidation.

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