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Business Finance Agreement for the United Kingdom

Business Finance Agreement Template for England and Wales

A Business Finance Agreement is a legally binding contract governed by the laws of England and Wales, establishing the terms and conditions under which a lender provides financial facilities to a business borrower. The agreement details the loan amount, interest rates, repayment terms, security arrangements, and obligations of all parties. It includes provisions for default, representations and warranties, and typically incorporates various regulatory requirements under UK financial services legislation.

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What is a Business Finance Agreement?

The Business Finance Agreement serves as the primary document governing commercial lending arrangements in England and Wales. It is commonly used when businesses require funding for growth, working capital, asset acquisition, or other commercial purposes. The agreement ensures compliance with UK financial regulations while protecting both lender and borrower interests through clear terms, conditions, and security arrangements. It incorporates necessary provisions for interest calculation, repayment schedules, events of default, and remedies available to parties.

What sections should be included in a Business Finance Agreement?

1. Parties: Identifies and defines all parties to the agreement, including full legal names and registered addresses

2. Background: Sets out the context and purpose of the finance agreement

3. Definitions: Defines key terms used throughout the agreement

4. Facility Details: Specifies the amount, purpose, and type of financing being provided

5. Interest and Fees: Details the interest rate, calculation method, and any applicable fees

6. Repayment Terms: Specifies repayment schedule, methods, and conditions

7. Representations and Warranties: Standard business and legal warranties given by the borrower

8. Events of Default: Lists circumstances that constitute default and consequences

9. Governing Law: Specifies applicable law and jurisdiction

What sections are optional to include in a Business Finance Agreement?

1. Security Provisions: Details of any security or collateral - used when the facility is secured

2. Guarantees: Terms of any guarantees provided - used when personal or corporate guarantees are required

3. Insurance Requirements: Specific insurance obligations - used when insurance is required for secured assets

4. Financial Covenants: Specific financial requirements and ratios - used for larger facilities or when specific financial performance is required

What schedules should be included in a Business Finance Agreement?

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

2. Security Documents: List and copies of security documentation

3. Conditions Precedent: List of documents and conditions required before drawdown

4. Fee Schedule: Detailed breakdown of all applicable fees

5. Form of Drawdown Notice: Template for requesting funds under the facility

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Finance Agreement

Cost

Free to use
Relevant legal definitions








































Clauses






























Industries

Consumer Credit Act 1974: Primary legislation governing credit agreements, potentially applicable to business lending in certain circumstances, particularly for sole traders or small partnerships

Financial Services and Markets Act 2000: Principal legislation for financial services regulation in the UK, establishing regulatory framework and requirements for financial activities

Companies Act 2006: Core company law legislation affecting corporate borrowers, including corporate capacity and authority to borrow

Unfair Contract Terms Act 1977: Legislation controlling unfair terms in business contracts, particularly relevant for exclusion clauses and limitations of liability

Enterprise Act 2002: Legislation affecting business restructuring and insolvency provisions in finance agreements

FCA Handbook: Regulatory requirements for FCA-regulated lenders, including conduct of business rules and customer treatment

Consumer Credit Sourcebook (CONC): Detailed regulations for consumer credit activities, may be relevant for business lending in certain circumstances

Banking Conduct of Business Sourcebook (BCOBS): Regulatory requirements for banking activities including accepting deposits and lending

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

Money Laundering Regulations 2017: Anti-money laundering requirements affecting customer due diligence and monitoring obligations

Data Protection Act 2018: UK data protection legislation implementing and supplementing GDPR requirements for handling personal data

Financial Services Act 2021: Recent legislation updating financial services regulatory framework post-Brexit

Small Business, Enterprise and Employment Act 2015: Legislation affecting small business finance and regulation

Contract Law Principles: Common law principles governing formation, interpretation, and enforcement of contracts

Security and Guarantees Principles: Common law and equitable principles governing security arrangements and guarantees in finance agreements

Equitable Principles - Charges and Mortgages: Principles governing the creation and enforcement of security interests in finance 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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