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Loan Borrower Agreement Template for England and Wales

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Key Requirements PROMPT example:

Loan Borrower Agreement

"I need a Loan Borrower Agreement for a £500,000 secured business loan from our bank to purchase new manufacturing equipment, with quarterly repayments over 5 years starting from March 2025."

What is a Loan Borrower Agreement?

The Loan Borrower Agreement is a fundamental document in lending transactions under English and Welsh law, used whenever a formal loan arrangement is established between parties. This agreement type is essential for protecting both lender and borrower interests by clearly documenting the loan terms, conditions, and obligations. The document is structured to comply with UK financial regulations and typically includes details about the loan amount, interest calculations, repayment schedule, security arrangements, and default provisions. When drafting a Loan Borrower Agreement, consideration must be given to both statutory requirements and common law principles governing lending in England and Wales.

What sections should be included in a Loan Borrower Agreement?

1. Parties: Identification and details of the lender and borrower

2. Background: Context and purpose of the loan agreement

3. Definitions: Key terms used throughout the agreement

4. Loan Amount and Purpose: Specification of the loan amount and its intended use

5. Interest Rate and Calculations: Details of interest rate, calculation method and payment terms

6. Repayment Terms: Schedule and method of repayment

7. Representations and Warranties: Borrower's confirmations regarding their status and capacity

8. Events of Default: Circumstances constituting default and consequences

9. Governing Law: Jurisdiction and applicable law

What sections are optional to include in a Loan Borrower Agreement?

1. Security: Details of any collateral or guarantees - used when loan is secured

2. Early Repayment: Terms for early repayment of the loan - used when early repayment is permitted

3. Assignment: Rights to assign the agreement - used when assignment rights are relevant

4. Insurance Requirements: Required insurance coverage - used when specific insurance is required

What schedules should be included in a Loan Borrower Agreement?

1. Repayment Schedule: Detailed schedule of repayment dates and amounts

2. Security Details: Detailed description of any security provided - for secured loans

3. Conditions Precedent: List of conditions to be satisfied before drawdown

4. Form of Drawdown Notice: Template for requesting loan disbursement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





































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Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements and consumer lending in the UK. Essential for consumer loan agreements.

Financial Services and Markets Act 2000: Key legislation establishing the regulatory framework for financial services in the UK, including lending activities.

Consumer Rights Act 2015: Legislation protecting consumer rights and defining unfair terms in consumer contracts, including loan agreements.

Unfair Contract Terms Act 1977: Regulates unfair terms in contracts and limits how far civil liability for breach of contract can be avoided.

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair commercial practices between traders and consumers, including misleading actions or omissions in loan agreements.

FCA Regulations: Financial Conduct Authority rules and guidance for financial services, including specific requirements for lending practices.

Consumer Credit sourcebook (CONC): FCA handbook containing detailed rules and guidance for firms involved in consumer credit activities.

UK GDPR and Data Protection Act 2018: Legislative framework governing how personal data must be handled and protected in loan agreements and related processes.

Money Laundering Regulations 2017: Regulations requiring checks and procedures to prevent money laundering and terrorist financing in financial transactions.

Late Payment of Commercial Debts (Interest) Act 1998: Legislation governing interest charges on late payments in commercial transactions.

Law of Property Act 1925: Fundamental legislation governing property law, relevant for secured lending and mortgage arrangements.

Consumer Protection (Distance Selling) Regulations 2000: Regulations protecting consumers in contracts made at a distance, including online or telephone loan agreements.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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