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Capital Loan Agreement for the United Kingdom

Capital Loan Agreement Template for England and Wales

A Capital Loan Agreement under English and Welsh law is a legally binding document that establishes the terms and conditions for a substantial loan, typically used for business expansion, asset acquisition, or major investments. It outlines the loan amount, interest rates, repayment terms, security arrangements, and the rights and obligations of both lender and borrower. The agreement incorporates specific provisions required under English law and FCA regulations, including consumer protection measures where applicable.

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What is a Capital Loan Agreement?

The Capital Loan Agreement serves as the primary document governing substantial lending arrangements in England and Wales. It is commonly used when businesses or individuals require significant capital for expansion, acquisition, or investment purposes. The agreement details crucial elements including loan amount, interest calculations, repayment schedules, security arrangements, and default provisions. It must comply with English and Welsh law, including the Financial Services and Markets Act 2000 and relevant FCA regulations. This document is essential for protecting both lender and borrower interests while ensuring regulatory compliance.

What sections should be included in a Capital Loan Agreement?

1. Parties: Identification and details of lender and borrower

2. Background: Context and purpose of the loan

3. Definitions: Key terms used throughout the agreement

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

5. Interest: Interest rate, calculation method, and payment terms

6. Repayment Terms: Schedule and method of repayment

7. Events of Default: Circumstances constituting default and consequences

8. Representations and Warranties: Statements of fact and assurances by borrower

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

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 transactions

What schedules should be included in a Capital Loan Agreement?

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

2. Security Details: Detailed description of any security provided

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

4. Conditions Precedent Documents: List of required documents prior to drawdown

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

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements. Essential if the borrower is a consumer rather than a business entity.

Financial Services and Markets Act 2000: Core legislation regulating financial services and markets in the UK, establishing the regulatory framework for financial activities.

Consumer Rights Act 2015: Legislation protecting consumer rights and governing unfair terms in consumer contracts.

Unfair Contract Terms Act 1977: Controls unfair terms in contracts, particularly exclusion and limitation clauses.

Law of Property Act 1925: Relevant when the loan is secured against property, governing legal frameworks for property rights and securities.

FCA Regulations: Financial Conduct Authority regulations providing detailed rules for financial services and consumer protection.

Consumer Credit sourcebook (CONC): FCA handbook containing detailed rules and guidance for consumer credit activities.

Money Laundering Regulations 2017: Regulations requiring due diligence and verification procedures in financial transactions.

Data Protection Act 2018: Legislation governing how personal data must be handled, including UK GDPR requirements.

Limitation Act 1980: Sets time limits for bringing legal claims, relevant for enforcement of loan agreements.

Enterprise Act 2002: Contains provisions relating to enforcement of debts and business regulations.

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

Companies Act 2006: Relevant for corporate borrowers, governing company law and corporate securities.

Financial Collateral Arrangements (No.2) Regulations 2003: Regulations governing financial collateral arrangements in lending.

Insolvency Act 1986: Governs insolvency proceedings and creditors' rights in case of default.

Consumer Credit (EU Directive) Regulations 2010: Implements EU consumer credit rules into UK law, still relevant post-Brexit under retained EU law.

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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