Balfour Meagher

Balfour Meagher are highly experienced with complex, commercial financial lending transactions, and smaller 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 of their respective rights and obligations; whether they are in relation to loan types and arrangements or associated security documentation, such as mortgages, caveats or security interests registered on the Personal Property Security Register (PPSR).

LENDERS

We act for a range of lenders who lend to consumers, commercial borrowers and family members. Balfour Meagher prepare and advise on bespoke loan documentation that reflects the parties’ agreed financing arrangements.

We prepare and advise on security documentation, such as mortgages, PPSA instruments and caveats to ensure our clients’ rights to recover their loan funds and 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 or guarantor default on their obligations.

FINANCE, SECURITIES, GUARANTEES AND MORTGAGES

Preparation, registration, advice, discharge, extension and variation of real and personal property securities
Review and advise 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 advice –
- Tom Meagher has written the CPD training module for lawyers in Western Australia on “Lawyers Advice Certificates” whether for guarantor financial advice, SMSF limited recourse borrowing, franchisor certification, retirement villages contracts etc.

CORPORATE LOANS

Compliant, ‘related party’ loans where the Members of an SMSF act as the ‘bank’ towards the Fund
Division 7A Loan Agreement preparation
Convertible and ‘SAFE‘ Notes advice
‘Sophisticated Investor’ legal advice
Security advice, priority deeds, discharge, extensions
Shareholder loans and director indemnities

BORROWERS

Balfour Meagher also acts for borrowers, both private and commercial, and we assist our clients in reviewing and advising them about their financial arrangements.

In addition to reviewing our clients’ proposed loan and securities arrangements, we can also assist you to best achieve your desired objective within your tolerable risk range. For alternate financing options, we can introduce you to experienced mortgage brokers and financial advisers who can guide you through the lending process.

PERSONAL LOANS

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

FAMILY LOAN ARRANGEMENTS

Document preparation, advice, security structuring, prioritisation of security
- There is a material difference between undocumented loans from a parent to their child as such may be deemed (and unrecoverable) as a gift pursuant to the legal principle known as the “presumption of advancement”

Loan & Security Arrangements