Consumer Credit Act 1974: Primary legislation governing consumer credit agreements and consumer lending in England and Wales. Sets out regulatory framework for credit agreements, licensing requirements, and consumer protections.
Financial Services and Markets Act 2000: Key legislation regulating financial services in the UK, establishing regulatory framework and FCA authority over financial activities including lending.
Law of Property Act 1925: Fundamental legislation governing property law, relevant for secured lending and mortgages under English law.
Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract, relevant for assignment and transfer provisions in loan agreements.
Unfair Contract Terms Act 1977: Controls the use of exclusion and limitation clauses in contracts, ensuring fairness particularly in business-to-business contexts.
Consumer Rights Act 2015: Legislation protecting consumer rights, including unfair terms in consumer contracts and consumer credit agreements.
FCA Handbook: Regulatory guidelines and rules set by the Financial Conduct Authority, particularly CONC (Consumer Credit sourcebook) for consumer lending.
UK Money Laundering Regulations 2017: Regulations requiring due diligence and anti-money laundering procedures in financial transactions and lending.
GDPR and Data Protection Act 2018: Data protection legislation governing how personal data must be handled in financial agreements and services.
Common Law Contract Principles: Fundamental principles of contract formation including offer, acceptance, consideration, and intention to create legal relations.
Security and Guarantees Principles: Common law principles governing the creation and enforcement of security interests and guarantees in lending.
Doctrine of Penalties: Common law principles governing the enforceability of penalty clauses and liquidated damages in loan agreements.
Private International Law: Legal framework governing cross-border transactions and choice of law in international lending agreements.
Security Registration Requirements: Rules governing the registration of security interests, including requirements under the Companies Act 2006 for corporate borrowers.
LMA Standards: Loan Market Association standard forms and guidelines for syndicated lending, widely used in the UK market.
Interest Rate Regulations: Rules governing interest rates, including usury laws and regulations on default interest.
Insolvency Act 1986: Legislation governing insolvency proceedings and creditor rights, relevant for default and enforcement provisions in loan agreements.
