Standard documents

A standard form legal mortgage over a property (often referred to as a legal charge) granted by a single corporate borrower in favour of a single lender securing specific monies that it owes the lender. This standard document includes integrated drafting notes, which explain the law behind, and commercial reasons for, provisions of the document.

Borrower board minutes approving execution of a facility agreement and debenture. They can also be used for a meeting of the directors of a company to approve other finance documents that the company is proposing to enter in connection with a secured financing transaction and are consistent with the requirements of Standard document, Facility agreement. However, if the facility agreement is not secured by a debenture, use Standard document, Board minutes: borrower approving facility agreement. This document includes integrated drafting notes.

A deed to regulate the priority between secured creditors. For an intercreditor deed which regulates the priority between unsecured creditors, see Standard document, Intercreditor deed for unsecured debt. For a simpler form of document which regulates the priority between secured creditors, but which does not contain subordination provisions, see Standard document, Deed of priority.

A form of written resolution under Chapter 2 of Part 13 of the Companies Act 2006 (only for use by private companies) to approve the terms of, and transactions contemplated by, a third party security document. It provides that the written resolution must be returned to the company in hard copy form. This standard document contains integrated drafting notes.

A standard form charge in favour of a lender over monies held in a corporate borrower's bank account. This standard document contains integrated drafting notes and negotiating tips. For detailed information on issues that may arise when drafting a charge over a bank account, see General document notes below.

A deed creating a charge over securities (including shares) which are in registered form, title to which is recorded in a register and represented by a certificate. The deed creates a first fixed charge over existing and future registered securities in certificated form, and over interests accruing from those securities. This standard document contains integrated drafting notes and negotiating tips. For detailed information on legal issues that may arise when drafting a charge over certificated shares and securities, see General document notes below.

A contract for the sale of freehold land by a Law of Property Act receiver. The contract is based on the Standard document, Contract for the sale of freehold land with vacant possession, with the necessary amendments to make it suitable for use where a Law of Property Act receiver has been appointed. It incorporates the Standard Commercial Property Conditions (second edition). The integrated drafting notes are confined to issues arising out of the fact that the sale is by a Law of Property Act receiver. For drafting notes on the other clauses, see the integrated drafting notes in Standard document, Contract for the sale of freehold land with vacant possession. The Standard document may be viewed with or without the integrated drafting notes by using the options in the "Actions" box in the top right corner of the screen. See Standard clauses and drafting notes for clauses that can be used to adapt this document.

A standard form deed of confirmation, under which a borrower confirms to a lender that, despite amendments to a facility agreement (or loan agreement) between the borrower and the lender, the existing security document, under which the borrower granted security to the lender to secure its obligations under the facility agreement, continues in full force and effect in all respects. This standard document may be used with Standard documents, Amendment agreement or Amendment and restatement agreement (which amend or amend and restate a facility agreement (or loan agreement)). This standard document contains integrated drafting notes.

A deed creating a mortgage over shares and securities which are in registered form, title to which is recorded in a register and represented by a certificate. The deed creates a mortgage over existing shares and securities, a fixed charge over future shares and securities, and a fixed charge over rights (such as dividends) relating to those shares and securities. For a deed creating a mortgage over all the shares in a single private limited company, see Standard document, Mortgage of shares.

A letter to confirm to a buyer of assets that any floating charge over the assets to be acquired has not crystallised into a fixed charge.

This debenture has been drafted for use in connection with a management buyout to secure the borrowing obligations of the buyout vehicle and with the debt providers for management buyouts in mind. It may, therefore, not be appropriate for other or more general commercial purposes. For a facility agreement which can be used to document the financing of an acquisition of a private limited company, see Standard document, Facility agreement: management buyouts. For further details on financing management buyouts, see Practice note, Acquisition finance: debt for buyouts. For information on the law and commercial reasons behind the provisions in a standard debenture, see Standard document, Debenture. Whilst not tailored specifically to the provisions in this debenture for management buyouts, the drafting notes to that standard document provide a useful commentary on the provisions commonly found in a debenture.

A standard form legal mortgage over a property (often referred to as a "legal charge") granted by an individual borrower in favour of a lender securing specific monies that it owes to the lender. Note: This standard document can only be used in the prescribed circumstances discussed in the integrated drafting notes as it has been drafted to bring it within one of the categories of exempt agreements for the purposes of the Consumer Credit Act 1974 (CCA 1974).  Any amendments should be discussed with a specialist in consumer credit since such alterations may take this mortgage outside the definition of exempt agreement.  This would mean that the lender would need a consumer credit licence and this mortgage would need to comply with the provisions of the CCA 1974 to be enforceable without a court order.  This mortgage is not drafted to be compliant with the CCA 1974.

A standard form chattel mortgage created by a company incorporated in England and Wales in favour of a single corporate lender. This standard document, Mortgage of chattels creates a mortgage and a fixed charge over the chattels of a private limited company incorporated in England and Wales, together with an assignment of all rights and agreements relating to those chattels. This standard document contains integrated drafting notes and negotiating tips. For detailed information on legal issues that may arise when drafting a mortgage of chattels, see Drafting note, Drafting assumptions and legal issues.

A standard form third party legal mortgage over a property (often referred to as a legal charge) granted by a company incorporated in England and Wales in favour of a single lender securing specific monies owed by another party to the lender. This standard document includes integrated drafting notes, which explain the law behind, and commercial reasons for, provisions of the document.

A standard form deed of substituted security for use primarily in lending transactions secured by a portfolio of properties where the borrower has the right to swap the properties forming the lender's security. For important information about this document, see Drafting note: When to use this document.