Banking & Finance
Loan documents explained before you sign them
Facility agreements, guarantees, security documents and the solicitor’s certificate the bank asks for, read and explained by lawyers who deal with lenders every week.
What we do
Banking and finance, by document
A bank loan comes with a stack of documents, and the ones that bite are rarely the ones people read. We review facility agreements, guarantees, mortgages and general security agreements before they are signed, explain what each one does in plain terms, and issue the solicitor’s certificate the lender requires where one is needed.
Solicitor's certificates
The certificate your bank needs
Independent legal advice and the approved certificate, with an express option when settlement is close.
Guarantors
Know what you are signing for
What a guarantee commits you to, personally, and what can be negotiated before you sign.
Business finance
Facilities, refinancing and security
The documents behind a business loan, reviewed with the deal in mind.
01
Solicitor's certificates
Independent legal advice for borrowers and guarantors
When a lender asks for documents to be signed “in front of a lawyer”, what it actually needs is a certificate that you received independent legal advice and understood what you signed. We give that advice, verify your identity as the rules require, issue the approved certificate, and provide a written letter explaining the loan or guarantee. Standard turnaround is five working days, with an express service where timing is tight.
- Borrower and guarantor certificates
- Face-to-face verification of identity
- Written explanation of the loan or guarantee
- Express service where settlement is close
02
Guarantees
Signing for someone else's debt
A guarantee makes you personally liable for a loan you may never see the benefit of. Directors guarantee company facilities, parents guarantee children’s mortgages, and partners guarantee each other. Before you sign we explain the extent of the liability, whether it is capped, what triggers a demand, and what can be negotiated.
03
Facility agreements and refinancing
The terms behind a business loan
Covenants, review events, default clauses and the lender’s discretion are where the risk sits in a business facility. We review the agreement, flag the terms that can be negotiated, and advise on refinancing, including the exit costs and security releases that come with moving lenders.
- Facility and loan agreements
- Financial covenants and review events
- Refinancing and discharge of security
- Equipment and asset finance
04
Security documents
Mortgages, general security agreements and deeds of priority
Security documents give the lender rights over your property or your business if the loan is not repaid. We explain what is being charged, what the lender can do on default, and how the security interacts with other arrangements you already have, including existing mortgages, leases and shareholder arrangements.
05
When the lender calls the loan
Defaults, demands and negotiating a way through
A default notice or a demand under a guarantee needs a measured response within a short time. We advise on whether the lender has followed the documents and the law, negotiate standstills and repayment arrangements, and act where enforcement is being pursued.
How we work
Three steps
01
Send the documents
You send the loan pack. We tell you what is in it, what matters and what it will cost to advise on.
02
Advice in plain terms
A meeting, in person where a certificate requires it, where the documents are explained and your questions answered.
03
Certificate and letter
Where a certificate is needed we issue the approved form and a written explanation, within the timeframe your settlement needs.
Who you will work with
Special Counsel
Lorraine Lim
Over 18 years as a commercial solicitor in Malaysia and Australia, including as a partner of a boutique firm. Lorraine leads the firm’s property and conveyancing work and the loan and security documents that sit behind a purchase, with a steady, results-driven approach clients come back to.
Graduate Conveyancer
Daniel Kim
Five years as a finance broker before conveyancing, so Daniel knows mortgage structures, lending procedures and settlement timelines from the lender’s side. He holds an Advanced Diploma of Conveyancing from RMIT and works on the PEXA platform, keeping transactions accurate and on time.
Principal
Tsungai Mukushi
Principal of the firm, admitted in 2008 and a franchise and commercial lawyer since. Tsungai has established 63 franchise systems, acted on 399 business sales and acquisitions and resolved 162 disputes at mediation, and he owns and runs businesses of his own, so the advice starts with what the decision means commercially.
Client feedback
Voices of excellence
Live rating and reviews from the firm’s Google Business Profile.
Common questions
Banking and finance questions, answered
How quickly can I get a solicitor's certificate?
Our standard turnaround is five working days from receiving the complete loan pack. An express service within 72 hours is available, subject to lawyer availability. The advice meeting itself usually takes one to two hours.
Does the advice have to be in person?
Yes, where a certificate is issued. The rules require a face-to-face verification of identity before a solicitor’s certificate can be signed, so the meeting cannot be done by video.
Can I limit a guarantee?
Often. Guarantees can be capped at an amount, limited in time or confined to particular facilities, and some lenders will agree to that if it is asked for before signing. We tell you what is realistic for your lender and your position.
What if I have already signed and the bank is now making a demand?
Send us the demand and the documents straight away. Whether the lender has complied with its own documents and the law, and whether the guarantee is enforceable in the circumstances, are the first questions, and the answers shape the response.
Also relevant
Related services
Business & commercial
Structuring, shareholder arrangements and buying or selling a business.
Related reading
Banking & Finance reading
Articles and briefings from the firm on this area. Plain English, no lecture.
Next step
A loan pack on your desk?
Send it through and we will tell you what is in it, what it costs to advise on, and how quickly the certificate can be issued.