Loan agreement, guarantee, debenture or legal charge: what is the difference?
Separate the repayment terms, personal or corporate guarantees and asset security when planning business or property finance.
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Business loans, guarantees and funding guides
Practical explanations and checklists for investors and funding. Read the guidance, organise the decisions and explore the relevant documents.
Perfection of a Charge or Mortgage
Both charges and mortgages must be “perfected” in order to be valid against the borrower and its other creditors. To be perfected in Ireland, details of the charge or mortgage must be…
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How to Make a Loan to a Company
Almost every company will borrow money at some point to finance its operations. In many cases, the loan will come from a bank. But there may also be times when an individual, such as one of…
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How to Make a Secured Loan
A secured loan, if properly put in place, is backed by the assets of the borrower. This means that if the borrower does not make a payment on the loan or otherwise defaults, the lender can…
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How to Create a Charge or Mortgage
In the UK, lenders secure their loans through two principal forms of security interest in the borrower’s assets: a charge and a mortgage. The primary difference between the two is that the…
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How to Create a Guarantee
The shareholders and directors of a limited liability company are normally not responsible for the company’s obligations. This means that a creditor can only look to the assets of the…
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What is a Charge?
A charge is an equitable interest in an asset to secure a loan. It does not transfer ownership of the asset to the lender or require possession of the asset by the lender. If the loan is…
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What is a Mortgage?
A mortgage is the most powerful form of security interest because it actually transfers title of the asset to the lender as security for the loan, subject to an agreement to transfer…
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