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Secured Loan Agreement for the United Kingdom

Secured Loan Agreement Template for England and Wales

A legally binding agreement governed by the laws of England and Wales that documents the terms and conditions of a loan facility where the borrower provides specific assets as security for the loan. The agreement details the loan amount, interest rates, repayment terms, security arrangements, and enforcement rights, while ensuring compliance with UK financial regulations and security registration requirements.

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What is a Secured Loan Agreement?

A Secured Loan Agreement is essential when providing loan facilities where specific assets are pledged as security. This document, governed by English and Welsh law, establishes the legal framework for the lending arrangement, detailing the security package, enforcement rights, and protection mechanisms for the lender. It's particularly crucial for commercial lending, property finance, and asset-based lending, ensuring compliance with UK financial regulations while providing clear terms for both parties regarding loan disbursement, repayment, and security enforcement.

What sections should be included in a Secured Loan Agreement?

1. 1. Parties: Details of lender and borrower

2. 2. Background: Context of the loan and security arrangement

3. 3. Definitions and Interpretation: Key terms and interpretation provisions

4. 4. The Facility: Loan amount, purpose, and drawdown conditions

5. 5. Security: Details of security arrangements and assets

6. 6. Repayment Terms: Payment schedule and terms

7. 7. Interest: Interest calculation and payment provisions

8. 8. Representations and Warranties: Borrower's confirmations and guarantees

9. 9. Events of Default: Circumstances constituting default

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

1. Guarantees: Additional section when third-party guarantees are involved for extra security

2. Insurance Requirements: Section detailing specific insurance obligations when secured assets require insurance coverage

3. Financial Covenants: Section specifying financial performance requirements for corporate borrowers with specific financial metrics to maintain

What schedules should be included in a Secured Loan Agreement?

1. Schedule 1 - Security Assets: Detailed list and description of secured assets

2. Schedule 2 - Conditions Precedent: Documents and conditions required before drawdown

3. Schedule 3 - Repayment Schedule: Detailed payment dates and amounts

4. Schedule 4 - Form of Drawdown Notice: Template for requesting loan disbursement

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













































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Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements in England and Wales. Essential if the borrower is a consumer, covering licensing, regulation of credit agreements, and consumer protections.

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

Law of Property Act 1925: Fundamental legislation concerning real property law, particularly relevant for security interests in real estate and mortgage provisions.

Companies Act 2006: Principal legislation governing company operations in the UK, relevant when the borrower is a company, particularly regarding registration of charges and corporate authority.

Enterprise Act 2002: Contains important provisions regarding enforcement of security and insolvency proceedings.

FCA Regulations: Regulatory framework established by the Financial Conduct Authority, providing detailed rules and guidance for financial services firms.

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

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

Unfair Contract Terms Act 1977: Controls the use of unfair terms in contracts, particularly relevant for standard form contracts and exclusion clauses.

Consumer Rights Act 2015: Modern legislation consolidating consumer rights, particularly relevant if the loan agreement is consumer-facing.

Financial Collateral Arrangements Regulations 2003: Governs arrangements involving financial collateral between certain types of entities.

Bills of Sale Acts 1878 and 1882: Historic legislation still relevant for certain types of security over personal property.

Land Registration Act 2002: Governs the registration of land and charges over land in England and Wales.

Money Laundering Regulations 2017: Sets out obligations for regulated entities regarding anti-money laundering and customer due diligence.

Data Protection Act 2018: Implements UK GDPR requirements, crucial for handling personal data in the lending process.

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair commercial practices, relevant for marketing and execution of consumer loans.

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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