top of page

Unveiling the Vital Role of Solicitors in Commercial Bridging Loans Transactions

Updated: May 2, 2023

Commercial bridging loans are short-term financing solutions that provide quick access to capital for businesses. These loans are used to bridge the gap between the acquisition of a property and the securing of long-term financing. With their flexibility and fast turnaround, they have become a popular option for businesses looking to grow and expand. However, navigating the complex legal landscape of a bridging loan transaction can be a challenge. This is where solicitors play a crucial role.



Solicitors are responsible for ensuring that all legal aspects of a bridging loan transaction are properly handled. They work with the lender, borrower, and other relevant parties to draft, review, and finalize loan agreements and other related documents. This includes the loan agreement itself, security documents, and other legal agreements such as mortgage or charge agreements. Solicitors also advise their clients on the legal implications of the loan and ensure that the terms of the loan are fair and reasonable.


One of the key responsibilities of solicitors in a bridging loan transaction is to conduct due diligence on the property that is being used as collateral for the loan. This includes reviewing title documents, checking for any encumbrances or liens on the property, and assessing the value of the property. This information is crucial in determining the loan amount, interest rate, and other terms of the loan. Solicitors must also ensure that the borrower has the right to pledge the property as collateral and that the loan complies with all relevant laws and regulations.


Another important role played by solicitors in a bridging loan transaction is negotiating the terms of the loan. This involves working with the lender to ensure that the loan agreement is fair and reasonable for both the borrower and the lender. Solicitors also advise their clients on the risks involved in the loan and help them understand the repayment terms and conditions. They work with the lender to ensure that the loan agreement is tailored to the needs of the borrower, taking into account their specific circumstances and business requirements.


Finally, solicitors are responsible for ensuring that the loan agreement is properly executed and that all relevant legal documents are filed in a timely manner. This includes registering the mortgage or charge on the property and ensuring that the lender has the necessary security to enforce their rights in the event of a default.


In conclusion, solicitors play a vital role in the success of a commercial bridging loan transaction. They provide valuable legal advice and guidance to both the borrower and lender, ensuring that the loan agreement is fair, reasonable, and in compliance with all relevant laws and regulations. With their expertise and experience, they help to mitigate risk and ensure that the transaction proceeds smoothly and efficiently.


Enquiries


For further information, please contact sr@bridgingfunding.com.


About the author


Sabbir Rahman is Managing Director of Langdon Capital and a Partner at Bridging Funding. He has held prior roles with Morgan Stanley, Lazard and Barclays Investment Bank. He has executed over £60 billion in notional value of transactions across financing, M&A and derivatives with global corporates, private equity funds and financial sponsor groups.


About Langdon Capital


Langdon Capital provides in-house transaction services to C-suites and Boards of publicly-listed and PE-backed businesses during the negotiation, execution and due diligence of corporate finance and capital markets transactions and senior interim resourcing solutions across finance, treasury, strategy and corporate development | contact info@langdoncap.com | visit www.langdoncap.com



This is not financial advice or any offer, invitation or inducement to sell or provide financial products or services or to engage in any form of investment activity.

 
 
 

Comments


  • LinkedIn

Langdon Capital is a trading name of Langdon Capital Limited, a company registered in England & Wales with company number 12600771 and registered offices at 71-75 Shelton Street, Covent Garden, London, WC2H 9FF.

​​​

Langdon Capital Limited is an intermediary and not a principal investor. Langdon Capital's activities are not regulated by the Financial Conduct Authority (FCA) as they fall outside the scope of PERG 2.7, "Activities: a broad outline," of the FCA handbook, or within its exemptions. Langdon Capital introduces Businesses and Individuals seeking capital for business purposes (collectively "Investees" or "Clients") to principal investors in debt and equity (collectively "Capital Providers"), with the output of such engagements being investment decisions made by Capital Providers, not transactions. Transactions are subsequently concluded directly between Capital Providers and Investees, without the involvement of Langdon Capital. The act of supplying information about Investees to Capital Providers does not imply, or extend to, making recommendations to Capital Providers and therefore does not constitute the regulated activity of ‘Advising on Investments.’ ​Langdon Capital only introduces Individual Investees to Capital Providers when exemptions to PERG 2.7 are met under the following conditions: (1) the introduction is made only in the context of a property loan; (2) loan proceeds are only to be used for commercial purposes; (3) the loan amount is greater than £25,000; (4) if land is used as collateral for the loan, then less than 40% of the land is used for dwelling purposes by the borrower; and (5) the borrower signs a declaration which provides that loan proceeds shall be used wholly for business purposes and that the borrower agrees to forgo the protection and remedies that would be available to them if the agreement were a regulated consumer credit agreement. Langdon Capital earns fees from Investees and some Capital Providers and discloses commissions to its Clients.

Copyright © 2024 Langdon Capital Limited. All rights reserved.

bottom of page