Receivables Finance & Asset Based Lending
Businesses often have complex funding needs. Our specialist asset-based lending team advises lenders and borrowers on a range of asset-based lending matters.
Collaboration with specialists in commercial, property, and corporate law ensures comprehensive support tailored to each business's requirements.
We provide expert legal support in drafting, reviewing, and negotiating facility agreements, security documents, deeds of priority, and intercreditor agreements.
Our team also advises on corporate governance matters, ensuring businesses have the right legal structures in place when securing or managing funding. We assist borrowers at every stage, from securing first-time financing for start-ups to refinancing for business growth or accessing new funding after an acquisition or merger. We also support management buyouts and acquisitions of insolvent businesses.
For lenders, we conduct security portfolio reviews, negotiate deeds of variation to facility arrangements, and arrange additional security when needed, such as after a credit extension or breach. If enforcement becomes necessary, our insolvency team assists in appointing administrators or receivers. Our dispute resolution team also provides guidance on enforcing security and personal guarantees while supporting individuals and businesses facing lender enforcement actions.
Whatever the situation, we work proactively to protect our clients’ interests.
Our expertise
Our team advises on the following areas:
We can assist with the drafting, review and negotiating of factoring and invoice discounting agreements, overpayment facilities, non-recourse facilities, debentures, pledges, postponements, waivers and acknowledgements.
We advise on revolving credit facilities to assist with the purchase of stock or equipment.
We can assist with the collection of debts subject to invoice finance or factoring facilities.
We can assist with the prompt and effective registration of all types of security documents and regularly advise on the registration of debentures and charges at Companies House and HM Land registry, applications to Court to register out of time and applications for registration at the Bill of Sale Registry and re-registration of the same.
We can provide independent legal advice to individuals who are being asked to give personal guarantees, or grant legal charges over their properties. We can also advise sole traders looking to enter into invoice financing or other asset financing arrangements in order to provide the certificates and affidavits needed by lenders.
We are members of the Loan Market Association (LMA), reflecting our strong engagement with the banking and finance market and our commitment to best practice.
Ambuja has a very good insolvency brain and is able to explain her advice very well both to clients and professionals.
Our work highlights
We are advising a £20m turnover company with a refinancing of their invoice finance and asset finance facilities. Our work involves reviewing and negotiating the terms of the facilities with the incoming financier’s advisors to ensure that they properly suited our client’s business needs, advising on collateral security requirements such as guarantees, warranties and debentures and liaising with the outgoing financier to help coordinate a seamless transfer of services.
We advised an invoice financier on the process of re-registering bills of sale, at the point of expiry. We worked with the financier (who had inherited many of these facilities following a previous acquisition) to understand their exposure in respect of sole traders and the risks involved in continuing the existing facilities versus entering into new ones.
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