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Business Funding Agreement for the United Kingdom

Business Funding Agreement Template for England and Wales

A Business Funding Agreement is a legally binding document governed by the laws of England and Wales that establishes the terms and conditions under which funding is provided to a business entity. It details the amount of funding, repayment terms, interest rates, security arrangements, and obligations of both parties. The agreement includes provisions for drawdown mechanics, representations and warranties, covenants, and events of default, while ensuring compliance with UK financial regulations and corporate law.

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What is a Business Funding Agreement?

The Business Funding Agreement is essential for documenting commercial funding arrangements in England and Wales. It's typically used when businesses seek capital for growth, working capital, or specific projects. The agreement protects both the funder and recipient by clearly defining the funding relationship, including amount, purpose, repayment terms, and security arrangements. It ensures compliance with UK financial regulations while providing a framework for managing the funding relationship throughout its duration. This document is particularly important in the current business environment where alternative funding sources are increasingly common alongside traditional bank lending.

What sections should be included in a Business Funding Agreement?

1. Parties: Details of the funder and recipient, including registered addresses and company numbers

2. Background: Context of the funding arrangement and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Amount and Purpose of Funding: Specifies the amount being provided and permitted uses

5. Conditions Precedent: Conditions that must be met before funding is provided

6. Drawdown Mechanics: Process and requirements for accessing the funds

7. Repayment Terms: Schedule and methods of repayment

8. Interest and Fees: Details of interest rates, arrangement fees and other charges

9. Representations and Warranties: Statements of fact made by the recipient

10. Covenants: Ongoing obligations of the recipient

11. Events of Default: Circumstances that trigger default and consequences

12. Governing Law and Jurisdiction: Applicable law and courts

What sections are optional to include in a Business Funding Agreement?

1. Security: Details of any security or guarantees - used when funding is secured against assets or guaranteed

2. Information Undertakings: Reporting requirements - used for larger funding arrangements requiring ongoing monitoring

3. Tax Provisions: Tax treatment and responsibilities - used when tax implications need specific addressing

4. Assignment and Transfer: Rights to transfer the agreement - used when transfer rights are important to either party

What schedules should be included in a Business Funding Agreement?

1. Drawdown Notice: Template form for requesting funds

2. Repayment Schedule: Detailed schedule of repayment dates and amounts

3. Security Documents: Details of any security arrangements

4. Conditions Precedent Documents: List of required documents pre-funding

5. Financial Covenants: Detailed financial ratios and requirements

6. Form of Compliance Certificate: Template for periodic compliance confirmation

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Finance Agreement

Cost

Free to use
Relevant legal definitions















































Clauses















































Industries

Financial Services and Markets Act 2000: Primary legislation for financial services regulation in the UK, establishing regulatory framework and requirements for financial activities

Financial Services Act 2012: Updates to financial services regulation, including amendments to FSMA 2000 and establishing the Financial Conduct Authority (FCA)

Consumer Credit Act 1974: Regulates credit agreements and may apply to certain business lending scenarios, particularly for sole traders or small partnerships

Money Laundering Regulations 2017: Sets out requirements for anti-money laundering checks and procedures in financial transactions

Proceeds of Crime Act 2002: Legislation dealing with money laundering and proceeds of crime, relevant for due diligence in funding agreements

Companies Act 2006: Principal legislation governing company operations in the UK, including corporate capacity and execution of documents

Partnership Act 1890: Governs traditional partnerships and their legal status in funding agreements

Limited Partnerships Act 1907: Specific legislation for limited partnerships, relevant when funding such entities

Unfair Contract Terms Act 1977: Regulates unfair terms in contracts and limits ability to exclude certain liabilities

Misrepresentation Act 1967: Deals with false statements made during contract formation and remedies available

Insolvency Act 1986: Governs insolvency procedures and creditor rights, crucial for default scenarios in funding agreements

Enterprise Act 2002: Modernizes insolvency law and affects how security interests are enforced

Law of Property Act 1925: Relevant when dealing with property security or charges over real estate

UK GDPR: Post-Brexit data protection regulation governing handling of personal data in the UK

Data Protection Act 2018: UK's implementation of data protection requirements, working alongside UK GDPR

Small Business, Enterprise and Employment Act 2015: Contains provisions affecting business funding and reducing regulatory burden on small businesses

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

Electronic Communications Act 2000: Provides legal framework for electronic signatures and electronic contract execution

Alternative Dispute Resolution Regulations 2015: Sets out framework for alternative dispute resolution in commercial agreements

Common Law of Contract: Body of case law establishing fundamental principles of contract formation, interpretation, and enforcement

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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