Private Lending Term Sheet Template for England and Wales

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Key Requirements PROMPT example:

Private Lending Term Sheet Template

I need a Private Lending Term Sheet Template for a secured loan of £500,000 to a small business, with quarterly repayments over 3 years starting March 2025, including provisions for early repayment and personal guarantees from the company directors.

Document background
The Private Lending Term Sheet Template is designed for use in England and Wales when parties are negotiating private lending arrangements. It provides a structured format to document the preliminary agreement between lender and borrower, covering crucial aspects such as loan amount, interest rates, repayment terms, and security arrangements. This document serves as a precursor to the full loan agreement and is particularly useful in private lending scenarios where parties need to agree on key commercial terms before proceeding with detailed legal documentation. While primarily used for documentation purposes, certain provisions such as confidentiality and exclusivity may be legally binding.
Suggested Sections

1. Parties: Details of lender and borrower

2. Background: Context of the loan and relationship between parties

3. Definitions: Key terms used throughout the term sheet

4. Loan Amount: Principal sum to be lent

5. Interest Rate: Applicable interest rate and calculation method

6. Term: Duration of the loan

7. Repayment Terms: Schedule and method of repayment

Optional Sections

1. Security: Details of any collateral or guarantees - used when loan is secured

2. Conditions Precedent: Conditions that must be met before drawdown - used for complex or high-value loans

3. Covenants: Ongoing obligations of the borrower - used for business loans or high-value personal loans

4. Events of Default: Circumstances that trigger default - used for formal loan agreements

Suggested Schedules

1. Repayment Schedule: Detailed breakdown of repayment dates and amounts

2. Security Details: Specific details of any security provided

3. Conditions Precedent Checklist: List of conditions to be satisfied before drawdown

4. 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

Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements in England and Wales, essential if lending to individuals. Regulates the form and content of credit agreements, licensing requirements, and consumer protections.

Financial Services and Markets Act 2000: Core financial services legislation that establishes the regulatory framework for financial activities in the UK, including lending activities and consumer protection measures.

Consumer Rights Act 2015: Modern legislation consolidating consumer rights and protections, including unfair terms in consumer contracts and transparency requirements.

Unfair Contract Terms Act 1977: Regulates unfair terms in contracts, particularly exclusion clauses and limitations of liability, ensuring fairness in contractual relationships.

Law of Property Act 1925: Fundamental legislation governing property rights and secured lending, particularly relevant if the loan is to be secured against property.

FCA Regulations: Regulatory requirements set by the Financial Conduct Authority, including conduct rules, authorization requirements, and consumer protection measures.

Consumer Credit sourcebook (CONC): Part of the FCA Handbook providing detailed rules and guidance for consumer credit activities and regulated lending.

Money Laundering Regulations 2017: Legal framework requiring due diligence and verification procedures to prevent money laundering in financial transactions.

Data Protection Act 2018: UK's implementation of GDPR, governing how personal data must be handled and protected in lending relationships.

Bills of Sale Acts: Historic legislation governing the registration and enforcement of security over personal property in lending arrangements.

Companies Act 2006: Principal legislation governing company law in the UK, relevant for corporate security and corporate lending arrangements.

Land Registration Act 2002: Governs the registration of land and charges over land in England and Wales, crucial for property-secured lending.

Common Law Contract Principles: Fundamental legal principles governing contract formation, consideration, and enforcement under English common law.

Unfair Terms in Consumer Contracts Regulations 1999: Specific regulations protecting consumers from unfair terms in standard form contracts, including lending agreements.

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair commercial practices and sets standards for business-to-consumer trading, including financial services.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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