BANK FINANCING LAWYER

BANK FINANCING LAWYER

Canadian commercial banks, governed by the Bank Act (Canada), provide a range of financing options for business, largely dependent on the amount of risk that they perceive that they will be required to assume. For the greater risk, the more assurances and security that will be sought, to the point where they will deny the requested financing, thereby necessitating alternate sources of financing being sought outside of the realm of regulated financial institutions.

Although some bank financing is provided on an unsecured basis, this has become increasingly less common, with security being sought in the greater preponderance of bank financing. As such, property and assets of the business are typical sought, including accounts receivable, intellectual property rights, fixed assets and real estate.

The form of bank financing can range from short-form commitment letters (supported by a general security agreement), a banker's acceptance (a short-term note derived from the money-market and guaranteed by the borrowing Canadian chartered bank), letters of credit and letters of guarantee, and more complex loan agreements (which in turn are more costly). Banks are constantly aiming to insure that at the end of the day they will collect on their advance, whether this is in accordance with the negotiated payment schedule or upon that which has been secured against. Unfortunately, such security may unnecessarily hamper the business' operations, such that making those scheduled payments adverse impacts its operations and advancement.

As such, legal counsel serves an important role with any bank financing. Given that the banks have issued countless financial advancements and sought to protect themselves with well-developed contractual language, that has given rise to near iron-clan lending arrangements, that over-whelmingly favor the banks, it is important that you business understands its legal arrangements and the serious consequences that arise with not fulfilling your specific contractual obligations (and thereby default on the loan).

To learn how we can assist your business with its banking financing, contact Neufeld Legal P.C. at 403-400-4092 / 416-887-9702 or via email at Neufeld@FinancingLawyer.ca.