03/09/2026
Many directors have, at some point, used company funds to cover a personal expense, intending to repay the money later.
But a recent High Court case raises an important question:
At what point does treating company money as 'your money' become a problem?
In McCarthy v Marshall, the Court found that a director's use of company funds for personal expenditure through a Director's Loan Account was a breach of fiduciary duty, even though there was an intention to repay the money.
The key issue wasn't whether the money was eventually returned.
It was whether the arrangement had been properly authorised in the first place.
For owner-managed businesses, it's easy for the lines between personal and company finances to become blurred. But this case is a timely reminder that a limited company is a separate legal entity, not a personal bank account.
Good governance matters.
✅ Keep personal and company spending separate
✅ Properly document Director's Loan Accounts
✅ Ensure shareholder approval is obtained where required
✅ Don't rely on assumptions or informal arrangements
Do you think many business owners underestimate the risks associated with Director's Loan Accounts, or is the guidance around them still too misunderstood?