Loan Agreement With Security for the United Kingdom

Loan Agreement With Security Template for England and Wales

A Loan Agreement with Security is a legally binding contract under English and Welsh law that documents the terms of a loan and establishes security interests over specified assets to protect the lender's position. The agreement details the loan amount, interest rates, repayment terms, and security arrangements, while incorporating various protections for both parties. It includes provisions for enforcement of security, events of default, and remedies available under English law, making it a comprehensive document that serves both commercial and legal purposes.

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What is a Loan Agreement With Security?

A Loan Agreement with Security is essential when providing secured financing under English and Welsh law. It combines the standard elements of a loan agreement with security provisions, creating a comprehensive framework for the lending relationship. This document is commonly used when a lender requires collateral to secure their loan, whether through charges over property, assets, or other securities. The agreement should comply with UK financial regulations and security registration requirements, particularly under the Companies Act 2006 and Law of Property Act 1925. It's crucial for protecting the lender's interests while providing clear terms for the borrower.

What sections should be included in a Loan Agreement With Security?

1. Parties: Details of lender and borrower

2. Background: Context of the loan and security arrangement

3. Definitions: Key terms used throughout the agreement

4. Loan Amount and Purpose: Specification of loan amount and permitted use

5. Interest and Repayment Terms: Interest rate, payment schedule, and repayment mechanics

6. Security Provisions: Description of security assets and creation of security interest

7. Representations and Warranties: Statements of fact by borrower

8. Covenants: Ongoing obligations of the borrower

9. Events of Default: Circumstances triggering default and remedies

10. Enforcement: Rights and processes for enforcing security

What sections are optional to include in a Loan Agreement With Security?

1. Guarantees: Terms of any third-party guarantees - include when there are guarantors for the loan

2. Insurance Requirements: Specified insurance coverage for secured assets - include when specific insurance is required for valuable security

3. Financial Covenants: Financial metrics borrower must maintain - include for corporate borrowers or larger loans

4. Assignment and Transfer: Rights to transfer the loan or security - include when transfer rights are important to lender

What schedules should be included in a Loan Agreement With Security?

1. Schedule of Security Assets: Detailed list and description of secured assets

2. Repayment Schedule: Detailed payment dates and amounts

3. Form of Security Documents: Standard form security documents to be executed

4. Conditions Precedent: List of documents/conditions required before drawdown

5. Form of Drawdown Notice: Template for requesting loan disbursement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Finance Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements, including disclosure requirements and prescribed forms. Essential if the borrower is a consumer rather than a business.

Financial Services and Markets Act 2000: Establishes the regulatory framework for financial services and requirements for lenders carrying on regulated activities.

Law of Property Act 1925: Crucial legislation for security over real property, including requirements for creation and enforcement of mortgages.

Companies Act 2006: Key legislation for corporate borrowers, covering registration requirements for company charges, directors' duties and corporate authority.

Enterprise Act 2002: Governs the enforcement of security and contains provisions relating to administrative receivership.

Financial Services and Markets Act 2000 (Regulated Activities) Order 2001: Secondary legislation that defines regulated lending activities under FSMA 2000.

Consumer Credit (Agreements) Regulations 2010: Details specific requirements for the form and content of regulated credit agreements.

Consumer Rights Act 2015: Contains provisions regarding unfair terms and consumer protections in contracts.

Money Laundering Regulations 2017: Sets out due diligence requirements and identity verification procedures for financial transactions.

Data Protection Act 2018 and UK GDPR: Governs the processing of personal data and privacy requirements in financial agreements.

FCA Rules: Regulatory requirements from the Financial Conduct Authority, particularly relevant for regulated lending activities.

Unfair Contract Terms Act 1977: Contains general provisions on unfair terms and limitations on exclusion clauses in contracts.

Teams

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