Balfour Meagher are highly experienced with both complex, commercial financial lending transactions as well as small-scale, private loans and security for payment arrangements. Whether our clients are lending or borrowing money, we are well-equipped to assist them with recommendations and advice tailored to their individual circumstances. We explain the process in plain English, as well as advise our clients their respective of their rights and obligations. Whether in relation to loan types and arrangements and/or any associated security documentation (such as mortgages, caveats or security interests).
We also act for range of lenders who lend to consumers, commercial borrowers and family members. Balfour Meagher prepares and advises on bespoke loan documentation that exactly reflects the parties’ agreed financing arrangements. We also prepare and advise on security documentation, such as mortgages, PPSA instruments and caveats to ensure our clients rights to recover their loan funds any any other secured monies or assets from the borrower are protected. We also undertake pre-lending due diligence to confirm there is adequate security for money owed to our lender clients. Which is essential for ensuring they are able to recover these funds, should the borrower and/or guarantors default on its obligations.
Balfour Meagher understands having a finance agreement which is tailored to specifically suit borrower client’s needs can be a very complex and often confusing experience. Our specialist team endeavours to make this exercise as streamlined as possible by offering quality, personalised advice which takes into account your commercial and particular circumstances.
In addition to reviewing a client’s proposed loan and securities arrangement, we can also discuss the different forms of financial and securities arrangements which will best achieve their desired objective and within their tolerable risk range. For alternate financing options, we can also introduced you to experienced mortgage brokers and financial advisers who can guide you through the lending process.
FINANCE, SECURITIES, GUARANTEES and MORTGAGES
- Preparation, registration, advice, discharge, extension and variation of real and personal property securities.
- Review and advice on Bank or Financial Institution Mortgage terms.
- ‘Vendor finance’ terms and securities for sale of business and equity matters and rural property sales.
- Preparation, advice, registration on PPSR www.ppsr.gov.au
- Drafting and serving Default and Demand Notices under Loan facility documents and securities.
- Solicitor’s Certification advices –
- In fact our Tom Meagher has actually written the CPD training module for all the lawyers in Western Australia on “Lawyers Advice Certificates” https://elearning.lawsocietywa.asn.au/online-courses/lawyers%E2%80%99-advice-certificates – whether for guarantor financial advice, SMSF limited recourse borrowing, Franchisor certification , Retirement Villages contracts etc.
- Preparation of standard and non-standard loan agreements.
- Advice on security and review of existing loan arrangements.
- Release, discharge, extension or variation of loan arrangements.
- Security by Mortgage, Caveat or Personal Property Securities Register (PPSR) registration.
- Compliant, ‘related party’ loans where the Members of an SMSF act as the ‘bank’ towards the Fund.
- Division 7A Loan Agreement preparation.
- Convertible Notes Agreement advice.
- ‘Sophisticated Investor’ legal advices.
- Security advice, priority deeds, discharge, extensions,
- Shareholder loans, and director indemnities.
FAMILY LOAN ARRANGEMENTS
- Document preparation, advice, security structuring, prioritisation of security.
- Note: also there is a material difference between undocumented loans from , say, a parent to child. It may actually be deemed (and unrecoverable) gift pursuant to the legal principle known as the “presumption of advancement”.