Lending, Borrowing, and Security
We are experienced in acting for lenders and borrowers in lending arrangements and advising on associated documentation, including:
- Loan agreements/facility agreements;
- Legal charges;
- Guarantees & indemnities (including independent legal advice on guarantees);
- Deeds of priority;
- Certificates, board minutes, and resolutions;
- Loan notes.
Our asset-based lending team is able to assist in recovering from defaulting borrowers.
Independent legal advice on personal guarantees
Where an individual is providing a personal guarantee in respect of the borrowing commitments of a company or someone else, it is market practice for the lender to require that the individual receives independent legal advice from a solicitor before signing the guarantee.
Certain steps are required to be followed in order to meet criteria required by law and the lender may also have their own individual requirements. The process includes us reviewing the guarantee and meeting the individual (either in person or, where acceptable to the lender, by video call) to provide the advice and then giving the lender specific confirmations concerning the advice given.
We are familiar with the procedure of advising on guarantees and can work with you to ensure the process runs smoothly.