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Recourse Loan Agreement for the United Kingdom

Recourse Loan Agreement Template for England and Wales

A Recourse Loan Agreement under English and Welsh law is a legally binding contract where a lender provides funds to a borrower with the right to seek repayment not only from the specific collateral securing the loan but also from other assets of the borrower. This agreement outlines the terms of borrowing, repayment obligations, interest calculations, and the lender's right of recourse against the borrower's personal assets in case of default. It includes comprehensive provisions for security, representations, warranties, and events of default, all governed by the laws of England and Wales.

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Recourse Loan Agreement

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What is a Recourse Loan Agreement?

The Recourse Loan Agreement is essential for lending transactions where the lender requires comprehensive security and recovery rights. This document is commonly used in commercial lending, real estate financing, and corporate transactions within England and Wales. It provides detailed terms for the loan facility, including the amount, interest rate, repayment schedule, and security arrangements. Unlike non-recourse loans, this agreement gives the lender the right to pursue the borrower's other assets if the collateral value is insufficient to cover the outstanding debt. The agreement must comply with English and Welsh financial regulations, including the Financial Services and Markets Act 2000 and relevant FCA requirements.

What sections should be included in a Recourse Loan 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: Specifics of the loan amount and its intended use

5. Interest Rate and Calculations: Interest rate details and calculation methodology

6. Repayment Terms: Schedule and method of repayment

7. Representations and Warranties: Statements of fact and assurances from the borrower

8. Events of Default: Circumstances constituting default and consequences

9. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction

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

1. Security: Details of any security provided for secured loans

2. Guarantees: Terms of any guarantees provided when guarantors are involved

3. Insurance Requirements: Required insurance coverage specifications when specific insurance is required

4. Conditions Precedent: Conditions to be met before drawdown, typically for complex or large loans

What schedules should be included in a Recourse Loan Agreement?

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

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

3. Security Documents: Details of security arrangements if applicable

4. Conditions Precedent Documents: List of required documents and conditions

Authors

Alex Denne

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

Jurisdiction

England and Wales

Document Type

Finance Agreement

Cost

Free to use
Relevant legal definitions








































Clauses

































Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements in England and Wales. Essential if the borrower is a consumer, covering licensing, documentation requirements, and consumer protections.

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

Law of Property Act 1925: Fundamental legislation governing property law, relevant for any security interests or charges over property in the loan agreement.

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

Consumer Rights Act 2015: Modern legislation protecting consumer rights, including provisions about unfair terms in consumer contracts and transparency requirements.

FCA Regulations: Regulatory requirements set by the Financial Conduct Authority, including conduct of business rules and consumer protection measures.

Consumer Credit sourcebook (CONC): Part of the FCA handbook containing detailed rules and guidance for consumer credit activities.

Regulated Activities Order 2001: Statutory instrument defining which activities require FCA authorization, including certain lending activities.

Money Laundering Regulations 2017: Regulations requiring due diligence and verification procedures in financial transactions to prevent money laundering.

Data Protection Act 2018: Legislation governing the processing of personal data, including requirements for handling borrower information.

UK GDPR: Post-Brexit data protection regime implementing European-style data protection requirements in UK law.

Limitation Act 1980: Legislation setting time limits for bringing legal actions, relevant for enforcement of loan agreements.

Financial Services (Distance Marketing) Regulations 2004: Regulations governing financial services contracts made at a distance, including specific information requirements.

Contract Law Principles: Common law principles governing contract formation, including offer, acceptance, consideration, and intention to create legal relations.

Doctrine of Penalties: Common law principle distinguishing between legitimate liquidated damages and unenforceable penalty clauses.

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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