We represent both lenders and borrowers in security agreements, either protecting the lender’s position or offering flexibility to enable the borrower to run their business.
We regularly advise on debentures for companies and corporate institutions giving security over a range of assets, including real estate, bank accounts, insurances, other specific assets, and intellectual property.
We act for lenders and borrowers, drafting legal charges and advising on terms and conditions. When representing lenders, we undertake extensive due diligence, ensuring that protections are sufficient and that the charge is actioned promptly to protect security post-completion with interested bodies such as HM Land Registry and Companies House.
Drafting share charge documentation can be complex: lenders often want the option to take control of the business, should they need to enforce their security. We ensure that the charge accurately reflects the agreement, giving the lender rights and protections to take charge or sell the shares.
We also advise on charges over bank accounts and various notices required to inform third party bank account holders that the relevant accounts have been charged in favour of the lender.
We advise clients on legal and equitable assignments, ensuring that lenders have the necessary rights to take over the agreement, should the borrower default on the terms of the loan. We also advise borrowers on the implications of assignments.