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Caveat Loan Agreement Template for England and Wales

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Key Requirements PROMPT example:

Caveat Loan Agreement

"I need a Caveat Loan Agreement for a £500,000 loan to a property development company, secured against their commercial property in Manchester, with quarterly interest payments and a two-year term starting March 2025."

Document background
The Caveat Loan Agreement is utilized when a lender requires security over a borrower's property while extending credit. This document, governed by English and Welsh law, establishes the framework for a secured lending arrangement where a caveat serves as the primary security mechanism. The agreement comprehensively covers loan terms, security provisions, enforcement rights, and compliance with relevant financial services regulations. It's particularly relevant in situations where traditional mortgage security isn't suitable or where temporary security is required pending the execution of more permanent arrangements.
Suggested Sections

1. Parties: Identification of lender and borrower with full legal names and addresses

2. Background: Context of the loan and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

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

5. Interest Rate and Payments: Terms of interest calculation and payment schedule

6. Security: Details of the caveat and security arrangements

7. Events of Default: Circumstances constituting default and consequences

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

Optional Sections

1. Guarantees: Terms of any personal or corporate guarantees - include when additional security is required beyond the caveat

2. Insurance Requirements: Specific insurance obligations of the borrower - include when the secured property requires specific insurance coverage

3. Early Repayment: Terms for early loan repayment - include when early repayment options are offered

Suggested Schedules

1. Property Description Schedule: Detailed description of the property subject to the caveat

2. Payment Schedule: Detailed breakdown of payment dates and amounts

3. Security Documents: Copies of relevant security documentation

4. Form of Notices: Template notices for various communications under the agreement

Authors

Alex Denne

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

Relevant legal definitions





































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Industries

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

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

Law of Property Act 1925: Fundamental legislation governing property law in England and Wales, relevant for security interests and charges over property.

Financial Services Act 2012: Updated regulatory framework for financial services, including amendments to FSMA 2000 and establishing the Financial Conduct Authority.

Consumer Rights Act 2015: Legislation protecting consumer rights, particularly relevant if the loan agreement involves consumers.

FCA Regulations: Regulatory requirements set by the Financial Conduct Authority governing financial services and consumer credit activities.

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

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

GDPR and Data Protection Act 2018: Legislation governing the handling and protection of personal data in loan agreements and related documentation.

Contract Law Principles: Common law principles covering offer, acceptance, consideration, and intention to create legal relations in contract formation.

Security Interests Principles: Legal principles governing the creation and enforcement of security interests in loan agreements.

Equitable Principles: Common law principles of equity relating to loans and mortgages, including relief from forfeiture and principles of redemption.

Interest Rate Regulations: Rules and regulations governing permissible interest rates and charges in loan agreements.

Unfair Contract Terms Legislation: Rules protecting against unfair terms in contracts, particularly relevant in consumer loan agreements.

Security Interest Registration: Requirements for registering security interests at Companies House or Land Registry as applicable.

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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