Commercial loan agreement with security
We will help you lend with confidence and take effective security over the borrower's assets.
Clear loan documentation.
Registered security that holds.
First-mover advantage on priority.
A commercial loan is only as strong as the documents behind it.
Your capital is at risk until your security is properly registered.
You are ready to lend, and the deal looks solid, but if you advance funds without properly documented security, you could find yourself at the back of the queue if anything goes wrong. The window to protect your position closes the moment the money leaves your account.
- We will prepare a tailored loan agreement covering all essential terms.
- We will advise on the appropriate security to take over the borrower's assets.
- We will register your security interest so it is legally enforceable.
- We will guide you through the process from term sheet to settlement.
You are ready to advance funds, but you want to be sure you can get them back.
You have agreed in principle to lend to a borrower. The terms are broadly agreed, but the paperwork has not been done. You know you need a proper loan agreement and some form of security, but you are not sure what security to take, how to register it, or what to include in the agreement to protect yourself. The deal needs to move quickly, but getting this wrong could cost you everything you are lending.
What's included in your commercial loan facility service
- Loan agreement preparation.
- Security documentation (mortgage or personal property).
- Security interest registration on the relevant register.
- Advice on appropriate security structure.
- Review of borrower's title or asset position.
- Settlement coordination.
What happens when lenders skip the paperwork?
Commercial lenders who advance funds without proper documentation regularly find themselves unable to enforce when it matters most. A borrower who defaults, becomes insolvent, or disputes the terms of the arrangement can leave an undocumented lender with no clear path to recovery. Other creditors who have properly registered their security will be paid ahead of you. The longer the matter sits unresolved, the more the borrower’s assets are consumed by priority creditors, professional fees, and the ordinary costs of insolvency. What started as a sound commercial loan becomes a write-off.
Here is how we put you in a position of strength from day one.
We draft your loan agreement to capture every key term. We then prepare and register your security interest in the correct form so that it is legally valid, correctly prioritised against other creditors, and enforceable without dispute.
By the time funds change hands, you know exactly what your rights are and how to exercise them. Clients who engage us at the outset consistently find they have far more options available to them if a borrower defaults than those who tried to document things informally.
From instruction to settlement, we handle the complexity.
Agree the terms.
We work with you to finalise the loan amount, interest rate, repayment schedule, and security required and translate those into a legally binding agreement.
Register your security.
We prepare and lodge all security registrations so your interest is recorded, prioritised, and enforceable before settlement.
Settle with confidence.
With documentation in place and security registered, you advance funds knowing your position is protected.
Commercial finance lawyers with hands-on lending experience.
Deploying capital is a considered decision, it is reasonable to expect that your legal protection is as solid as the commercial case for the loan. Our lawyers have acted for a wide range of commercial lenders, from private individuals lending to close associates to sophisticated investors funding business acquisitions and development projects.
We know what can go wrong at every stage of a commercial lending arrangement, and we structure our work to prevent those problems before they arise. We will not slow down your transaction, we will make sure it closes on terms you can actually rely on.
We understand you want to know the cost, before we get started.
We will map out our process, from beginning to end, so you know what the journey will look like before you get started.
We will provide you with a clear and detailed Work Proposal covering each step along the way.
Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.
Our great lawyer guarantee
We want to be part of your team over the long term. We achieve this by adhering to these core principles:
Take the time
We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.
Share our knowledge
We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.
Stick to our knitting
We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.
Work as one team
Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.
Fair pricing
For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.
It's your show
We're not in this for our egos. We're in it for a front row seat to witness your success.
