Uploaded by: Crystal Darr at February 27 2018 18:30:32.
There are a number of issues that need to be addressed in order for a lender to enforce its security, such as: The loan agreement must contain a right of enforcement (including detailed provisions regarding when and how a lender can enforce its security). Ideally the enforcement provisions should be tailored to reflect the nature of the secured asset. Then the lender must formally demand repayment. There must be some agreement as to how the lender takes possession of the secured assets (or in some cases, ownership must pass in order for the security to be valid – for example, in the case of a legal mortgage of shares). The loan agreement must contain a power of sale in relation to the secured assets. The security may be invalid unless registered at Companies House and in the borrower’s company registers. If an individual or partnership provides security over chattels, the requirements of the rather arcane Bills of Sale Act (1878) must be complied with. In view of the complexity of taking security, you are advised to take legal advice to ensure that the proposed security is enforceable in the event of default in repayment.
One person might call the loan contract a promissory note or a promise to pay. Another might reference the document as a demand loan or a term loan. If the loan terms are in the title of the loan, the document template title is a secured loan or an unsecured note. All the latter document titles refer to the same type of legal documentation. A loan agreement template is a fill-in-the-blank form. You can use to define the parameters of the loan or amount of money a person borrows. A lender also defines the repayment terms. These documents help lenders and borrows avoid confusion. This paves the way to good borrower/lender relations in the future and ensures issues are easy to remedy.
An inter-company loan agreement allows two child entities to borrow and loan funds from each other that have the same parent company. The loans are usually favorable to one-side in order to help with cash reserves or help make an investment whereas the other child entity lacks the finances to do.
The legal issues surrounding the taking of security are complex, and there are various legal forms that can be used, for example, a chattel mortgage (a mortgage over tangible and moveable property, such as plant and machinery or vehicles), fixed and floating charge, pledge, lien and assignment by way of security. Security over shares is different again, and can be achieved by way of a legal mortgage, an equitable mortgage or an equitable charge.
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