Short-form loan agreement

You will find this template helpful if you are looking for a short-form, simple loan agreement for an unsecured loan to your company on which interest is payable. You have the option of repayment in one lump sum or in quarterly instalments. You are also given the choice of paying a fixed interest rate or a variable rate which is linked to the Bank of England base rate.
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Choosing a lender
What you should think about first before choosing a lender
Q1:How do I decide which lender is right for my business?

There is a variety of different lenders; some provide a wide range of loans whilst others specialise on a particular type of finance.

This section will help you narrow down your search by looking at the following broad categories of lender which are most likely to be relevant to your business:

  1. Family and friends

    Borrowing from a family member or friend is likely to be significantly less formal and structured than from other types of lender. However, if you borrow from one you will still be in a business relationship with them and may need to look elsewhere for further funding.

    See Q&A 2 and following for the implications for your business of borrowing from a family member or friend.

  2. Barclays, HSBC, Lloyds, RBS and Santander are commonly referred to as the '' or the 'big 5 banks'. They will require specific conditions to be met and, other than for very small loans, are unlikely to be suitable lenders for most early stage businesses. However they have a wide range of products and are likely to have extensive experience of your business sector.

    See Q&A 5 and following for guidance on what it will mean for your business if you approach a .

  3. These are a diverse group of lenders, from traditional banks to digital-only lenders, who offer loans traditionally provided by the . Most of the will offer a narrower choice of loan than the . However some may be able offer your business a more focused service and a more innovative technology platform.

    See Q&A 9 and following to help you decide whether a might be a suitable lender to your business.

  4. Peer-to-peer lenders and

    Borrowing through a peer-to-peer or crowdfund lending platform is an alternative to more traditional lending. It tends to involve borrowing from a large group of individuals through an on-line platform.

    You will have to meet the platform's conditions, the process will be solely on-line and information on your business will be available to a large number of potential lenders. The benefits include a relatively short process compared with banks and the opportunity to pay a lower interest rate if there is a lot of interest from individual lenders.

    See Q&A 13 and following for guidance on whether borrowing through a peer-to-peer or crowdfund lending platform may be suitable for your business.

  5. also offer an alternative to borrowing from banks. The has invested in a number of which are focused on lending to , in order to increase the choice of loans for smaller businesses. To meet a debt fund's criteria for lending, your business will not be a start up or early stage. You may however find a debt fund to be quicker and more flexible than a traditional bank.

    See Q&A 17 and following to help you decide whether to approach a debt fund for a loan to your business.


Family and friend lenders
Q2:What will a family member or friend be able to offer my business?

There are potentially significant advantages and disadvantages for you if your business borrows from family or friends.

On the plus side, your negotiations could be a lot less structured and onerous than with a professional lender, meaning that less time is spent on the process and you should be able to agree more advantageous terms for your business.

On the negative side, you will still be in a business and legal relationship and will need to deal with the personal repercussions if there are difficulties with the loan. For this reason you should consider applying as professional approach as you can to the loan (see Q&A 4 on process).


Q3:What will a family member or friend be looking for in return for lending to my business?

This will depend on your relationship with the family member or friend and what protection they want against the possibility of your business not being able to repay the loan.

A family member or friend might be looking for some or all of the following:

  1. details from you of the purpose of the loan;

  2. a business plan (see Preparing a business to raise money for information on putting together a business plan);

  3. financial and legal information on your business;

  4. an agreement to record the terms on which the loan is made, to include:

    1. when the loan must be repaid;

    2. the rate of interest on the loan until repayment;

    3. additional interest if any payment is not made on time:

    4. what information is to be provided on the business whilst the loan is outstanding;

    5. what matters require the lender's consent (such as further fund-raising or selling in your ); and

    6. when the loan must be paid back early; and

  5. depending on negotiation, in case the loan is not paid back in full.

You should bear in mind that it is as much in your business's interests as those of your family member or friend that the terms of the loan are properly documented, to avoid uncertainty and reduce disagreement after the loan has been made.

It is likely that your business will be looking for a relationship with an external lender at some stage. You should think about this if the family member or friend asks for from you, such as not without their consent to borrow further or grant . Such could impede the future funding of your business.


Q4:What is a typical process for a family member or friend to lend to my business?

There is no typical process for a family member or friend to lend to your business, unlike most other categories of lender. Much will depend on how formal they and you want the process to be, although it is as much in your business's interests as theirs that the terms of the loan are clear.


High street banks
Q5:What will a high street bank be able to offer my business?

If you are looking for a loan, one obvious option for your business is to approach the so-called . These banks are Barclays, HSBC, Lloyds, RBS and Santander and are also referred to in the as the 'big 5 banks'. They provide most of the loans to in the despite the increasing number of other banks and lenders.

If you want to borrow from any of the , they will each have specific requirements (see Q&A 7) and a set process to follow (see Q&A 8) and will not have much flexibility in departing from these.

If your business is eligible (see Q&A 6), what the will be able to offer you are:

  1. extensive experience of lending to ;

  2. in all likelihood, a lot of experience in the sector in which your business operates and specialists who could be very helpful to your business in terms of know-how and contacts;

  3. if they want to lend to you, they will be keen to grow with your business and expand the range of products you take from them;

  4. the widest range of products of any lenders; and

  5. deep pockets with an ability to increase funding to your business in the future.


Q6:How do I find a high street bank which is suitable for my business?

A is unlikely to lend to your business if any of the following applies to you:

  1. you are unable to prove that your business will be able to generate enough income to meet interest payments and enough cash to repay the loan when due;

  2. your business operates in a sector which is facing difficult market or regulatory conditions;

  3. your business is a start up or early stage (other than possibly for small loans); or

  4. neither your business nor any of your business's owners has adequate to offer for repayment of the loan.

If you think your business could be eligible for a loan from a and want to work out how to choose between them, you could consider:

  1. looking at their websites for the type of loan you are thinking about;

  2. calling them or arranging a meeting;

  3. asking your 's and and your friends and contacts for their experiences and recommendations; and

  4. speaking to a professional adviser who specialises in advising on borrowing.


Q7:What will a high street bank be looking for in return for lending to my business?

If you apply to a for a loan to your business, the bank's requirements will depend on:

  1. how much you want to borrow;

  2. what type of loan you are looking for; and

  3. whether your business is a start-up, early stage or established.

As a minimum requirement for any loan to your business, you can expect a to ask you for:

  1. details of your business plus:

    1. if you're looking for a small loan, which for some banks is up to £25,000, either a and forecast (if your business is a start up) or proof of your assets and debts plus accounts (if your business is up and running); or

    2. for other loans, all of these;

  2. personal information and credit reference checks on your business's owners and management, plus credit checks on the business; and

  3. for loans other than smaller loans:

    1. how much the owners have invested in the business;

    2. the owners' other business interests; and

    3. assets which are available as .

If the loan application for your business is approved, you and the bank will then move on to the process of agreeing terms and signing the loan agreements. Agreeing terms for a loan will guide you through the key terms you can expect to come across which will include:

  1. when the loan must be repaid and whether you can repay earlier without any additional fee;

  2. the interest rate, how it is calculated and when it might change;

  3. what fees you will need to pay the bank for arranging the loan;

  4. when the bank can require early repayment; and

  5. what form of the bank requires and from whom.


Q8:What is a typical process for a high street bank to lend to my business?

If you want to borrow from a :

  1. your first step is to submit an application for a business loan in the form prescribed by the bank. You will find the details on the bank's website of what information needs to be included with your application; see Q&A 7 for what typically they will be looking for. For information such as cash flow , some banks provide templates as well as a checklist;

  2. the next step is for the bank to carry out credit references and credit scoring to assess your application. Bank websites explain how credit reference agencies work and how you might improve your business's credit rating;

  3. the bank will then notify you of its decision and you will have a right to appeal against a refusal if your business meets the bank's qualifying criteria;

  4. if the loan application for your business is approved, you and the bank will then move on to the process of agreeing terms and signing the loan agreement:

    1. typically, the bank will first produce a setting out the key terms of the loan;

    2. once this has been agreed and signed, the bank or its lawyers will produce the detailed agreements which reflect the .

You and your advisers should review and negotiate both the and loan agreement before signing. For access to a specialist lawyer who can advise on such negotiations, you can use our Ask a Lawyer service.

All five have signed up to standards for lending to which they should comply with if you approach them for a loan. See Q&A 24 for more information on this.


Challenger banks
Q9:What will a challenger bank be able to offer my business?

If you are looking for an alternative to a , you could think about approaching a which is focused on lending to . Which particular banks to approach will depend on what type of loan you are looking for (see Choosing a loan for guidance on the different types of loan).

cover a diverse group of lenders to , from:

  1. mid-sized full service banks; to

  2. specialist banks such as those who focus on ; to

  3. digital-only banks with innovative technology platforms.

See Q&A 10 for how to find a which is suitable for your business.

The benefits to your business of approaching a include:

  1. they offer an alternative to the , who have historically dominated lending;

  2. they could offer a service more focused on your type of business;

  3. they may have more modern and user-friendly technology than the ;

  4. they may be keen to build up their book of business and, if so, might offer your business more speed and flexibility than a ; and

  5. some will be more open to lending to your business if you are a start up or early stage.

If your business has an existing relationship with a and you want to explore other lenders, may help you. This was recently introduced by the to give other lenders access to your account and help businesses switch borrowers more easily.

Where a may have advantages over is in:

  1. the range of products and the funds available to lend;

  2. the extensive experience of lending to ; and

  3. its know-how in your particular sector and its size, meaning there will be few businesses and circumstances it will not have come across.


Q10:How do I find a challenger bank which is suitable for my business?

Having decided you wish to explore lenders other than the , which you approach will depend on:

  1. the type of loan you are looking for;

  2. how much you want to borrow; and

  3. the stage of development and profitability of your business.

These factors will narrow down the number of banks you can choose from.

You could go on to websites such as the Better Business Finance, input information on your business and the finance you are looking for, and see which lenders are suggested. This site was set up to improve access to finance for such as yours and is managed by Finance, which represents nearly 300 lenders.

You could also ask your 's , and advisers and your friends and contacts for personal recommendations.


Q11:What will a challenger bank be looking for in return for lending to my business?

If you apply to a for a loan to your business, the bank's requirements will depend on:

  1. how much you want to borrow;

  2. what type of loan you are looking for;

  3. what their particular approach is; and

  4. whether your business is a start-up, early stage or established.

You will find that some will be similar to the in their requirements, especially those which are structured like a .

Other may pride themselves as being quicker and more flexible because they are smaller or have more up to date technology than the traditional banks.

As a minimum, for any loan to your business you can expect a to ask you for:

  1. how much you want to borrow, for how long and for what purpose;

  2. details of your business and, depending on the size of the loan, a and forecast; and

  3. personal information and credit reference checks on your business's owners and management, plus credit checks on the business.

A may also want to know:

  1. how much your 's have invested in the business;

  2. the ' other business interests; and

  3. which assets of your business and your 's are available as .


Q12:What is a typical process for a challenger bank to lend to my business?

If you are looking to borrow from a :

  1. your first step is to submit an application for a business loan in the form prescribed by the bank. You should find details on the bank's website of what information needs to be included with your application;

  2. the next step is for the bank to carry out credit references and credit scoring to assess your application;

  3. if the loan application for your business is approved, you and the bank will then move on to the process of agreeing terms and signing the loan agreements:

    1. typically, the bank will first produce a setting out the key terms of the loan;

    2. once this has been agreed and signed, the bank or its lawyers will produce the detailed agreements which reflect the .

Agreeing terms for a loan will guide you through some of the key terms you can expect to find, depending on the type of loan, including:

  1. when the loan must be repaid and whether you can repay earlier without any additional fee;

  2. the interest rate, how it is calculated and when it might change;

  3. what fees you will need to pay the bank for arranging the loan;

  4. when the bank can require early repayment; and

  5. what form of the bank requires and from whom.

You and your advisers should review and negotiate the and loan agreements before signing.


Peer-to-peer and crowdfund lending platforms
Q13:What will a peer-to-peer or crowdfund platform be able to offer my business?

Peer-to-peer or crowdfund lending is an alternative to traditional forms of lending. It is online, technology-driven and allows multiple individuals to lend to your business. If your business has a good credit rating, a loan through a peer-to-peer or crowdfund lending platform could enable you to borrow at a competitive rate of interest.

A peer-to-peer or crowdfund lending platform will match your business with a large number of potential borrowers who are looking to receive a better return than from bank deposits.

Peer-to-peer and crowdfund lending platforms market themselves as:

  1. a direct alternative to borrowing from a bank;

  2. lending which can be arranged more quickly than traditional lending because of their technology platforms;

  3. allowing small investors to participate directly in businesses' returns by making loans to a number of different businesses;

  4. able to facilitate loans from thousands of pounds to millions of pounds; and

  5. giving borrowers with a good credit record the opportunity to pay a lower interest rate than from more traditional lenders.


Q14:How do I find a peer-to-peer or crowdfund lending platform which is suitable for my business?

To help you identify a peer-to-peer or crowdfund lending platform which may be suitable for your business, think about the following:

  1. ask your 's , and advisers and your friends and contacts for personal recommendations; and

  2. check the websites of platform associations such as the UK Crowdfunding Association and look up the platform member firms.

You need to bear in mind peer-to-peer and crowdfund lenders will each have their own terms as to interest, repayment and fees, and will not all be suitable for your business:

  1. some require a trading history of a minimum number of years;

  2. others require minimum and profitability;

  3. some require the loan to be secured and to rank ahead of other debt.


Q15:What will a peer-to-peer or crowdfund lender be looking for in return for lending to my business?

A peer-to-peer or crowdfund lending platform will require the following from you in return for arranging a loan to your business:

  1. Meeting its eligibility criteria

    These will differ depending on the platform. Some require a minimum trading history and some a minimum level of profitability.

  2. Fees

    You will have to pay fees to the platform for arranging and administering the loan and in some cases an application fee, an auction fee and a superior listing fee (which could for example allow you to post a video link onto the platform).

  3. Terms and conditions

    You will need to sign up to the platform's terms and conditions, which should be available on its website. See Q&A 16 for more guidance on these terms, which you should check carefully before starting any process.

  4. Your business may be required to give for the loan.

    Depending on the creditworthiness and trading history of your business, your 's may also be required to give personal for the loan which are secured on their personal assets.


Q16:What is a typical process for borrowing through a peer-to-peer or crowdfund lending platform?

Each platform will have its own process which you should find on its website. It will include elements of the following:

  1. Terms and conditions

    Each platform will have its own terms and conditions which should be available on its website and which you should read carefully before engaging in any process.These are important to you as they will set out the legal terms which will apply to your loan.

    You can expect to find on each platform's website the terms of use of the platform.

    You will also find the terms and conditions which will apply to you as a borrower such as:

    1. your eligibility for a loan through the platform;

    2. the loan approval process;

    3. the terms of the loan and any required;

    4. dealing with late payments, including enforcing any and appointing a collections ; and

    5. the ability of individual lenders to transfer their loans.

  2. Application

    You will need to make an initial application on the platform's website for the platform to assess the eligibility of your business for a loan.

    Some platforms say they will give you an instant response as to whether your business qualifies for a loan and then ask you to submit a more detailed loan application online.

  3. Listing on line

    The next step after platform approval is to list your loan application on the lending platform and invite potential lenders to participate in the loan.

    Some platforms will give your business a risk rating. They will say that the lower the risk, the lower the interest rate is likely to be.

    This will be followed by an auction to individual lenders to check if there is interest in lending to your business.

  4. Agreeing terms

    Once you have received offers from lenders to lend the amount you have applied to borrow, you then need to decide whether to accept the terms of the loan and if so proceed to signing and draw down the loan.


Debt funds
Q17:What will a debt fund be able to offer my business?

A debt fund is another potential alternative to borrowing from a bank.

Although historically focused on larger businesses, there are now a number of which focus on lending to . For a debt fund to be a suitable lender to your business:

  1. your business will not be a start up or early stage;

  2. your business will have to be achieving revenues of at least a specified figure; and

  3. you will need to be looking for a loan of a minimum amount.

In order to assess whether a debt fund is suitable for your business, you should check the debt fund's lending criteria on its website.

If your business meets the lending criteria of a debt fund, you may find that a debt fund will offer you:

  1. a willingness to take more of a credit risk on your business than a bank would do, in return for a higher rate of interest; and

  2. a speedier response to a loan application and more flexibility than traditional lenders.


Q18:How do I find a debt fund which is suitable for my business?

If you think a debt fund may be a suitable lender, ask your 's , and advisers and your friends and contacts for personal recommendations on which are focused on .

You should also look into those in which the is an investor. The is owned by the Government and was set up to help open up the finance markets for .


Q19:What will a debt fund be looking for in return for making a loan to my business?

As with most other lenders, who are prepared to lend to your business will have their own terms which are likely to include:

  1. an arrangement fee calculated as a percentage of the loan, possibly in the region of 1–2%;

  2. a loan term from at least 1 year to 3 to 5 years;

  3. a higher interest rate than for bank loans, the rate for your business (if eligible) reflecting the risk to the debt fund;

  4. for repayment of the loan; and

  5. for some funds, options over your 's calculated as a percentage of the amount of the loan.


Q20:What is a typical process for a debt fund to lend to my business?

A typical process would involve:

  1. a meeting with the debt fund so they can understand your business, your and discuss loan terms at a high level;

  2. negotiating and signing a containing outline terms of the loan;

  3. the debt fund carrying out due diligence on your business;

  4. loan documents which will be prepared by the debt fund's lawyers and negotiated with you and your advisers; and

  5. approvals from the debt fund's credit committee at various stages of the process.

Agreeing terms for a loan will guide you through the key terms you can expect to find and negotiate in the loan documents prepared by the debt fund. You and your advisers should review and negotiate the loan documents with the fund and its advisers before proceeding to signing.


Giving information to lenders
Q21:How careful should I be when I provide information to lenders?

You should take care over the accuracy of business information which you give to lenders. Particular care should be taken in how you present financial information, both historic and forecasted.

A lender will probably ask for a representation and that the information you provide in the run up to the loan is accurate (see Agreeing terms for a loan for information on given to lenders).

If any of the information is not accurate, there may be consequences for your business:

  1. your credibility with the potential lender if you have to correct the information before you borrow;

  2. possible liability to the lender for of if this comes to light after you borrow; and

  3. a possible under the loan agreement if this is discovered after you borrow, which could result in the loan becoming repayable in full before the agreed repayment date (see Agreeing terms for a loan for information on ).


Rejection of loan applications
Q22:Can I do anything if my loan application is turned down?

If your loan application is turned down by a or a small number of other banks, and your business meets the eligibility criteria, the bank is required to offer you a referral to a designated online platform to see if other funding can be made available. See Q&A 23 for guidance here.

If your loan application is turned down by a lender against whom you have a complaint, if you have a small business you may be able to use the service of the . Otherwise, how you progress your complaint will depend on which lender you are dealing with. See Q&A 24 for more details.


Q23:If a lender rejects my application, does it have to help me find a loan from another lender?

If a lender rejects your application for a loan and is one of the , First Trust Bank, Bank of Ireland, Danske Bank or Clydesdale Bank, the lender must, if your business meets certain criteria and you agree, refer your application to three online finance platforms, Alternative Business Funding, Funding Options and FundingXchange..

On referral, the three online platforms will help match your business with another lender with a view to you being able to obtain finance for your business. On request, a platform must provide details of your application to an interested lender

Your business is eligible to be referred to these platforms if:

  1. you have applied for an , term loan, , , or facility;

  2. your or, if your business is part of a group, your group is not more than £25 million;

  3. you are applying for a loan of £1,000 or more;

  4. the loan is for a period of 30 days or more;

  5. you are not subject to a , legal proceedings or a formal demand for a loan debt owed by you;

  6. the lender offered you a different facility from what you applied for and your reasons for not accepting do not relate to fees or interest; and

  7. you applied for the loan yourself and not through a broker.


Complaints against a lender
Q24:What can I do if I have a complaint about a lender?

If you have a complaint against a lender, your options will depend on the type of lender.

If your business employs less than ten and has a or annual balance which is not more than two million euros, you can use the service of the .

If your business is larger than this, your options will depend on the type of lender you are dealing with:

  1. Banks

    All five and some other banks have signed up to standards in lending to .

    If your business has an annual of not more than £6.5m and does not have a complex ownership structure, these banks have agreed to follow The Standards of Lending Practice. If your business's annual is more than £6.5m and less than £25m, other principles will apply.

    If you have a complaint against a bank, you should check if it has signed up to whichever of these standards applies to your business and whether it has acted in of any of the standards. The Standards of Lending Practice are overseen by the Lending Standards and you should contact them if you have a complaint.

    Each bank will typically have its own appeal process if you are unhappy with its response to your loan application, as well as a complaints process if you have an issue with how your loan has been dealt with.

  2. lenders

    If you have a complaint against an lender, you can check whether it has acted in of the Business Finance Code.

    Most reputable lenders of (see Choosing a loan for information on ) are members of the Finance & Leasing Association (FLA) and will be subject to the Business Finance Code. The Code lays down standards which FLA members must meet when providing to . It also operates a procedure and independent scheme if your complaint cannot be resolved by the provider.

    In the event of non-compliance with the Code, there is a review by the FLA which can lead to a warning or expulsion from membership.

  3. Asset-based lenders

    If you have a complaint against an asset-based lender, you can check if it is in of the Standards Framework.

    Most reputable asset-based lenders (see Choosing a loan for information on ) are members of Finance (formerly the Asset Based Finance Association or ABFA) and subject to the ABFA Standards Framework. The Framework comprises a code and supporting guidance, an independent complaints process and a professional standards council.

    The maximum financial award which can be made in your favour under the process is £25,000.

  4. Peer-to-peer and crowdfund lending platforms

    If you have a complaint against a peer-to-peer or crowdfund lending platform, the codes of conduct and the rules of its trade association (if applicable) could help you.

    Peer-to-peer and crowdfund lenders are regulated by the and as such have to adhere to the codes of conduct.

    A number of these lenders are also members of the () which operates a code of practice and a complaints process which can also lead to suspension or expulsion.

  5. Courts

    Depending on the nature of your , you may be able to bring legal proceedings against a lender. If you are thinking of a legal claim (which if not resolved could go to the Courts) you should look for expert legal advice as soon as possible. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.