Security Agreements

If you are lending money to a business or refinancing your organisation, you need a legal team to advise you on the range of security agreements available.

At Lawrence Stephens, we deal with a full range of security options, including:

• Account charges
• Assignments
• Corporate guarantees
• Debentures
• Fixed charges
• Floating charges
• Intercompany loans
• Legal charges
• Personal guarantees
• Share charges

Our team has an exceptionally strong commercial grounding, and we always take the time to understand your business so that we can ensure that the transaction is the best possible option for your circumstances.

We represent both lenders and borrowers, giving us a sound understanding of both sides of the deal. This means that we can ensure your relevant security agreement either protects the lenders position or offers enough flexibility to give the borrower the ability to run its business.

You will find our advice to be clear, precise, and straightforward and our lawyers will work collaboratively with you and your team to make entering into any security agreement as seamless as possible.

Debentures

We regularly advise on debentures for all types of companies and corporate institutions giving security over a range of assets, including real estate, bank accounts, insurances, other specific assets, and intellectual property.

Legal charges

Our team acts for both lenders and borrowers drafting legal charges, and advising on the terms and conditions that are being offered. When representing lenders, we carry out extensive due diligence and ensure that there are sufficient protections in place and the charge is actioned promptly to protect your security post-completion with interested bodies such as HM Land Registry and Companies House.

Share charges

Where shares are offered as security against lending, to be included as part of a larger body of assets being secured, we can draft share charge documentation. This can be complex, with lenders often wanting the option to take control of the business, should they need to enforce their security. We will ensure that the charge accurately reflects the agreement you have made and that the lender will receive the rights and protections they need to take charge or sell the shares if necessary, including carrying out due diligence.

Account charges

We regularly advise on charges over bank accounts and various notices that are required to inform third party bank account holders that the relevant bank accounts have been charged in favour of the lender.

Assignments

When a lender is to be assigned the benefit of any agreements entered in to by the borrower, we can draw up a deed of assignment. We will advise you on legal and equitable assignments and ensure that, as a lender, you have the rights you need to take over the agreement, should the borrower default on the terms of the loan.

We also regularly advise borrowers on the implications of assignments for them and their businesses.