Banking and Finance

We understand that the arrangements you are putting in place with regard to banking, finance and security will be inextricably linked to the completion of your corporate or real estate transaction. We will guide you through what can be highly technical documentation, without losing sight of your commercial objectives.

We act in relation to all banking matters, including on acquisition finance for corporate transactions, asset-based lending or real estate finance. Our advice is primarily for entrepreneurs, high net worth individuals and owner-managed businesses, whether operating through SPVs (onshore or offshore), joint ventures, partnerships or fund structures. Whilst we often act for borrowers, we also act for lenders in this market, and in particular for a number of small banks.

We can help you to structure and negotiate effective lending arrangements and we offer a service which is tailored to suit your needs and the way you operate.  We advise on investment and development facilities, tax driven schemes and limited partnership structures, restructurings and refinances. We also advise borrowers in connection with distressed debt and the analysis of options to move their business forward.

We work closely with our Real Estate team on the financing of real estate transactions whether in relation to development or investment facilities. Our priority is to put together a team of business advisers to allow consideration of all applicable financing options, to incorporate your preferred commercial terms, and to complete all relevant documentation within the planned timescale.

Recent Work

  • Acting for the lender in relation to a £1.1m loan for the purpose of purchasing a hotel in Norwich (May 2021)
  • Acting for the borrower in relation to a £1.38m acquisition finance transaction in relation to the purchase of commercial property in North West London (May 2021)
  • Acting for a residential investment company in connection with the restructuring of its intra-group facilities across fifteen of its group entities (April 2021)
  • Acting for an alternative lender in relation to a development bridging facility secured on a mixed use development site on the South Coast (April 2021)
  • Advising a developer on its £14m development facility for a mixed use scheme in London with an international bank (March 2021)
  • Advising a lender on its loan-on-loan facilities with a UK challenger bank (February 2021)
  • Advising a property development company in relation to its acquisition of a prime site in London for residential development (February 2021)
  • Acting for an alternative lender in relation to the provision of working capital facilities secured on a portfolio of residential care homes owned by a private equity fund (February 2021)
  • Acting for three offshore borrowers ultimately controlled by an Ultra High Net Worth family in relation to the £40m refinance of four super-prime properties in and around London (January 2021)
  • Advising a Private Family Office on its £143m multi-currency facility with an alternative lender secured on luxury real estate assets in the US, UK and Europe (January 2021)

 

"I would like to thank Anthony for doing an incredible job over the last few weeks. I have rarely seen a lawyer work so hard for his client. You chaps are very lucky to have such a dedicated adviser!”                                  

A client

 

The A-Z of secure lending - click to download PDF

Latest blogs and news

FCA consults on guidance for cannabis companies

The FCA has launched a consultation on a technical note setting out guidance for companies applying for listing which have cannabis-related businesses. As with all companies applying for listing, those with cannabis related businesses must be assessed for eligibility for listing under the Listing Rules.  Because of the legal complexities around cannabis businesses the FCA applies additional due diligence requirements to them.    

Will the FCA's proposed new SPAC rules result in more SPACS being attracted to the UK?

Following the release of the Hill Report, the FCA has moved quickly to consult on proposals intended to provide an alternative route to market for larger Special Purpose Acquisition Companies (“SPACs”).  The broad proposal is that if a SPAC can meet additional investor protection requirements the FCA will not generally require that the listing of its shares be suspended once an acquisition is announced.

FCA Moves to Deregulate SPACs

Following the release of the Hill Report at the start of last month, the FCA has announced that it is going to open a consultation into changing the Listing Rules and connected guidance with a view to encouraging the listing of Special Purpose Acquisition Vehicles (SPACs).

As Lockdown Ends – Updated Guidance on General Meetings During Covid

On 30 March 2021 the provisions of the Corporate Insolvency and Governance Act 2020 (“CIGA”) which allowed purely virtual general meetings will lapse, and the normal rules will apply.  ICSA have produced some useful guidance to assist companies in dealing with their general meetings in the light of this change.

ICSA’s Report on Board Evaluations – A Brief Summary

Following a request by the Department of Business, Energy and Industrial Strategy (“BEIS”) ICSA has prepared a report assessing the effectiveness of the independent board evaluation process introduced in the 2018 update of the UK Corporate Governance Code (the “UK Code”).  

£26 billion fraud: The other side of the Coronavirus Business Interruption Loan Schemes

We have previously examined how the Government’s Coronavirus Business Interruption Loan Schemes (the Bounce Back Loan Scheme (BBLS), Coronavirus Business Interruption Loan Scheme (CBILS) and Coronavirus Large Business Interruption Loan Scheme (CLBILS)(together the “Schemes”) work. A report issued by the Public Accounts Committee on 10 December 2020 highlights the darker side of the Schemes and what it is costing the UK taxpayer. 

Stablecoins – A New Regulatory World

Hot on the heels of its consultation on bringing cryptoasset inside the scope of the financial promotions regime at the tail end of last year, the FCA has launched a further consultation on the UK’s regulatory approach to cryptoassets and stablecoins. 

Sell, sell, sell! OTS’s recommendations on the current CGT scheme

Back in July Rishi Sunak requested a review of the current capital gains tax (CGT) system. The Office of Tax Simplification (OTS) was asked by Sunak to produce a report on whether certain features of CGT distort the behaviour of individuals. 

Lifecycle of a tech startup series: Case study

Alex (tech), Andy (tech), Emer (investments) and I (investments) work alongside startups and founders day to day and thought it might to helpful to some of you out there to bring together our expertise on the legal issues that tend to arise and how we deal with them. 

COVID-19 and Covenant Breaches in Leases and Loan Facilities

As the June quarter date fast approaches and the economic impact of COVID-19 begins to be felt across all sectors, what steps should landlords be taking to vary their lease arrangements with tenants who are unable to meet their rental obligations, and could a reduction in rental income due to COVID-19 put landlords in breach of their own obligations under their loan facilities?

The privacy dilemma surrounding the coronavirus contact tracing app

In late April we blogged about the NHSX developing a contact tracing app to help stop the spread of coronavirus and highlighted some of the privacy concerns that will need to be considered in the course of its development. Unfortunately, at the time of writing, the app is still yet to be released nationwide, although a beta version is being trialled on the Isle of Wight and development continues. In this blog we provide an update on the proposed functionality of the app and the privacy issues caused by that functionality which are delaying its release.

Bounce Back Loan Scheme: Is it a bounce back from CBILS?

This week the government announced a further loan scheme to help small and medium-sized businesses affected by coronavirus. In a reaction to the criticism received for the Coronavirus Business Interruption Loan Scheme (“CBILS”) and its implementation, the Bounce Bank Loan Scheme is promised as a simplified scheme which allows small and medium-sized businesses to borrow up to 25% of their turnover, capped at £50,000.

Has the S.O.S from startups been answered?

Since the start of the coronavirus outbreak, the UK government has launched a number of schemes offering financial support for businesses. This support includes the Coronavirus Job Retention Scheme, the Small Business Grant Fund, the Self-Employment Income Support Scheme and the Coronavirus Business Interruption Loan Scheme (“CBILS”).

The Coronavirus challenge for tech coworking spaces

This blog will explore the difficulties currently facing tech coworking spaces in light of the Covid-19 pandemic, how providers can keep tenants engaged and what the future may hold for these spaces. For an audio introduction to this topic, please listen to episode 7 of our Tech in Two Minutes podcast.

Coronavirus Business Interruption Loan Scheme: A lifeline or distraction?

The grandly titled Coronavirus Business Interruption Loan Scheme (“CBILS”) was announced by Rishi Sunak as part of his first budget on 11th March.  Sunak, in the position of chancellor for only a matter of days, set out a series of plans which he claimed would represent the biggest fiscal boost to the economy in 30 years, and which were also intended to protect the UK economy from the impact of Covid-19.

Coronavirus, disruption and legal liability

The impact of the coronavirus pandemic is being felt throughout the economy from supply chain disruption to venue hire cancellations, travel bans and more. Inevitably as the pandemic continues there will be a surge in questions about legal liability for delayed performance, requests for refunds and contract termination enquiries. In this blog, we focus on the implications of force majeure clauses for exceptional circumstances and the key legal principles for business owners to bear in mind during these challenging times. 

General counsel role at crossroads - Andrew Solomon quoted in CDR Magazine

Andrew Solomon, senior associate in our corporate and commercial and data protection team, was quoted in CDR Magazine (Commercial Dispute Resolution) regarding the increasing importance of data protection compliance for in-house counsel since the GDPR.

Startup Investments team shortlisted for Best Legal Team at the UKBAA Angel Investment Awards 2019

We’re delighted to announce that we’ve been shortlisted for Best Legal Team at the UKBAA Angel Investment Awards 2019.

Banking and Finance Insights

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Blogs

The discontinuation of LIBOR and phasing in of SONIA in the Sterling Markets, what do we know so far?

The Hill Report – Impact on Smaller Issuers

As Lockdown Ends – Updated Guidance on General Meetings During Covid

£26 billion fraud: The other side of the Coronavirus Business Interruption Loan Schemes

COVID-19 and Covenant Breaches in Leases and Loan Facilities

Green Lending - what is the loan market doing for the environment?

The Default Position: Negotiating Events of Default under a loan agreement - what should a borrower be wary of?

Getting Personal – Key Terms of a Personal Guarantee, What is it and When Should You Sign One?

Bridging loan over troubled water? Tips for a quicker and easier refinance

FCA Calls for Input on Equity Crowdfunding Regulation

Brexit for startups: cutting red tape or cutting off life support?

Emerging from the shadows: the new regime of corporate transparency in the UK

Crowdfunding: A quick guide to the new restrictions and protections

Does every crowd have a silver lining?

Injunctions and online privacy: parliamentary proposals to censor search engines in the UK? Surely not…

Patents: Facebook v Yahoo continued; if you can’t beat them, join them

Defamation: Online publishers still in the dark

Patents: Where will the dust settle after Yahoo and Facebook have fought it out?

Defamation and Unlawful Acts Online: Blogger defends its right to provide access to controversy

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