Loan Memorandum Template for England and Wales

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Key Requirements PROMPT example:

Loan Memorandum

"Need a Loan Memorandum for a secured commercial loan of £5 million to a real estate development company, with quarterly interest payments and a final repayment date in March 2025, including specific covenants related to project milestones."

Document background
The Loan Memorandum is a crucial document in lending transactions under English and Welsh law, used to formalize loan arrangements between lenders and borrowers. It serves as a detailed record of the loan terms, ensuring clarity and legal certainty for all parties involved. The document typically includes essential information such as loan amount, interest calculations, repayment schedules, security arrangements, and conditions precedent. As a Loan Memorandum, it must comply with UK financial regulations and banking laws, making it particularly important for commercial and institutional lending transactions.
Suggested Sections

1. Parties: Details of lender(s) and borrower(s)

2. Background: Context of the loan and purpose

3. Definitions: Key terms used throughout the memorandum

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

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

6. Repayment Terms: Schedule and method of repayment

7. Conditions Precedent: Conditions that must be satisfied before drawdown

Optional Sections

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

2. Representations and Warranties: Statements of fact by borrower - used for complex commercial loans

3. Covenants: Ongoing obligations of the borrower - used for commercial loans with specific requirements

4. Events of Default: Circumstances triggering default - used for structured loans

Suggested Schedules

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

2. Security Documents: List and copies of security documentation

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

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

5. Interest Calculation Examples: Illustrative examples of interest calculations

Authors

Alex Denne

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

Relevant legal definitions
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements and consumer lending in England and Wales. Essential if the loan involves individual borrowers.

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

Law of Property Act 1925: Fundamental legislation concerning property law and security interests in property. Relevant if the loan involves property as security.

Companies Act 2006: Principal legislation governing company operations in the UK. Relevant for corporate borrowers and corporate security arrangements.

FCA Handbook: Regulatory guidelines including MCOB (Mortgages and Home Finance: Conduct of Business Sourcebook) providing detailed rules for regulated mortgage activities.

RAO 2001: Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 - Defines which activities require FCA authorization.

CONC Rules: Consumer Credit sourcebook rules providing detailed regulations for consumer credit activities and consumer protection.

Money Laundering Regulations 2017: Regulations governing anti-money laundering requirements and due diligence procedures in financial transactions.

Consumer Rights Act 2015: Legislation protecting consumer rights and regulating unfair terms in consumer contracts, including financial services.

Unfair Contract Terms Act 1977: Legislation regulating unfair terms in contracts, particularly relevant for standardized loan documentation.

Financial Services (Banking Reform) Act 2013: Legislation implementing structural and regulatory reforms to the UK banking sector.

UK GDPR and Data Protection Act 2018: Legislation governing the processing and protection of personal data, crucial for handling borrower information.

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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