Unsecured Loan Agreement for the United Kingdom

Unsecured Loan Agreement Template for England and Wales

An Unsecured Loan Agreement governed by English and Welsh law is a legally binding document that establishes the terms and conditions for a loan where no collateral or security is provided. The agreement details the loan amount, interest rate, repayment terms, and obligations of both parties. It includes provisions for default, early repayment, and dispute resolution, all within the framework of English and Welsh law, particularly the Consumer Credit Act 1974 and Financial Services and Markets Act 2000.

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What is a Unsecured Loan Agreement?

The Unsecured Loan Agreement is commonly used when parties wish to establish a lending arrangement without requiring specific assets as security. This document is essential in England and Wales for both personal and business lending, providing clear terms for loan amount, repayment schedule, interest calculations, and default provisions. It's particularly relevant when speed and simplicity are priorities, or when the borrower's creditworthiness alone is deemed sufficient security. The agreement must comply with UK financial regulations, including the Consumer Credit Act 1974 if the borrower is a consumer.

What sections should be included in a Unsecured Loan Agreement?

1. Parties: Identifies and defines the lender and borrower

2. Background: Explains context and purpose of the loan

3. Definitions: Defines key terms used throughout the agreement

4. Loan Amount and Purpose: Specifies amount being lent and its intended use

5. Interest Rate: Details interest rate and calculation method

6. Repayment Terms: Specifies repayment schedule and method

7. Events of Default: Lists circumstances constituting default

8. Governing Law: Specifies applicable law and jurisdiction

What sections are optional to include in a Unsecured Loan Agreement?

1. Early Repayment: Include when early repayment is permitted - sets out terms and conditions for early loan repayment

2. Assignment: Include when assignment rights are relevant - specifies rights to assign or transfer the agreement

3. Financial Covenants: Include for business loans - sets out ongoing financial obligations of borrower

4. Representations and Warranties: Include for larger or business loans - contains borrower's confirmations about their status and capacity

What schedules should be included in a Unsecured Loan Agreement?

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

2. Conditions Precedent: List of conditions to be met before loan advancement

3. Form of Draw Down Notice: Template for requesting loan disbursement

4. Interest Calculation Examples: Illustrative examples of interest calculations

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
Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements and consumer lending in England and Wales. Essential if the borrower is a consumer rather than a business.

Financial Services and Markets Act 2000: Establishes the regulatory framework for financial services in the UK, including lending activities and the powers of the Financial Conduct Authority.

Law of Property Act 1925: Although primarily concerned with real property, contains provisions relevant to the creation and enforcement of legal rights in relation to loans.

Unfair Contract Terms Act 1977: Controls the use of unfair terms in contracts, particularly exclusion and limitation clauses, applying to both consumer and business contracts.

Consumer Rights Act 2015: Provides protection for consumers and defines unfair terms in consumer contracts, relevant if the borrower is a consumer.

FCA Regulations: Regulatory requirements set by the Financial Conduct Authority governing lending practices and consumer protection in financial services.

Consumer Credit sourcebook (CONC): Part of the FCA handbook containing detailed rules and guidance for firms involved in consumer credit activities.

Regulated Activities Order 2001: Specifies which activities require FCA authorization, including certain lending activities.

Late Payment of Commercial Debts (Interest) Act 1998: Governs the charging of interest on late payments in commercial transactions.

Unfair Terms in Consumer Contracts Regulations 1999: Protects consumers against unfair standard terms in contracts with sellers or suppliers.

Data Protection Act 2018: Regulates the processing of personal data and implements UK GDPR requirements, relevant for handling borrower information.

Money Laundering Regulations 2017: Sets out obligations for lenders regarding anti-money laundering checks and procedures.

Limitation Act 1980: Establishes time limits within which legal actions relating to the loan agreement must be brought.

Contracts (Rights of Third Parties) Act 1999: Governs the rights of third parties to enforce terms of contracts, including loan agreements.

Financial Services (Distance Marketing) Regulations 2004: Applies to loans arranged at a distance (e.g., online or by phone), setting out specific requirements for such agreements.

Electronic Communications Act 2000: Provides legal framework for electronic signatures and electronic contracts if the loan agreement is to be executed electronically.

Teams

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