Securing a business loan is a significant step for any enterprise, and it is crucial to understand the types of loans, as well as the legal terms and issues, that come with a loan. In Australia, business loans are subject to various regulations and contractual arrangements to protect both lenders and borrowers.
TEN BUSINESS LOANS
Understanding the diverse range of business loan types is vital for making informed decisions that align with business goals.
- Term Loans
Term loans are one of the most common and straightforward forms of business financing used by large banks. In this type of loan, a fixed amount of money is borrowed and repaid over a set period (medium or long term), usually with a fixed interest rate. Term loans are versatile and can be used for various purposes, such as purchasing equipment, expanding operations, or managing cash flow.
- Revolving Lines of Credit
A business line of credit offers a predetermined credit limit from which a business can draw as needed. Unlike a term loan, you only pay interest on the amount you borrow. This is an ideal option for managing fluctuations in cash flow or addressing short-term financial needs.
- Equipment Financing
If your business requires specific equipment, such as machinery, vehicles, or technology, equipment financing can be a viable solution. The equipment itself serves as collateral for the loan, making this type of loan relatively accessible for businesses with limited credit history.
- Invoice Financing or Factoring
Invoice financing, also known as accounts receivable financing, allows businesses to receive a portion of their outstanding invoices’ value before customers make payments. This helps improve cash flow and bridges the gap between completing a sale and actually receiving payment.
- Business Overdraft
A business overdraft functions similarly to a personal overdraft, allowing a business to withdraw more funds than are available in their account up to a predetermined limit. It provides flexibility for covering unexpected expenses and short-term funding gaps.
- Trade Finance
For businesses engaged in importing and exporting, trade finance offers solutions such as letters of credit and trade credit insurance. These tools help manage the financial risks associated with international trade transactions.
- Commercial Mortgages – real estate loan
If your business requires physical space, a commercial real estate loan can help you purchase or refinance the property. These loans typically have longer terms and lower interest rates than traditional commercial mortgages.
- Peer-to-Peer (P2P) Lending
P2P lending platforms connect businesses seeking loans with individual investors willing to lend money. This alternative lending option can provide quicker access to funds, albeit potentially at higher interest rates.
- Equity Financing
While not a traditional loan, equity financing involves selling a portion of your business to investors in exchange for capital. This can be an attractive option for businesses with high growth potential, however might lead to a loss of control. Start-ups often need this type of financing to provide capital to cover initial expenses such as product development and hiring, as well as market expansion later on.
- Convertible Note
Another type of loan is a Convertible Note that allows the principal plus accrued interest to convert into shares at a later date if certain trigger events occur, often used in Start-up financing to bridge funding rounds.
LOAN AGREEMENT, LAWS AND REGULATIONS
The loan agreement is the foundational document that outlines the terms and conditions of the loan. It includes key terms such as the loan amount, interest rate (affecting repayment amounts), repayment schedule (including penalties or fees that impact the overall cost of the loan), default and remedies, termination and amendment, disclosure requirements and any security or collateral requirements (including personal guarantees).
The Australian Consumer Law (ACL) protects businesses from unfair contract terms. Lenders should not include terms that unreasonably disadvantage borrowers. Businesses should be aware of their rights under the ACL and seek legal advice if they suspect unfair terms in the loan agreement.
Business loans in Australia are subject to various laws and regulations, including responsible lending obligations under the National Consumer Credit Protection Act 2009 (NCCP Act). Lenders must assess whether the loan is suitable for the borrower’s circumstances and financial capacity. Another example is that the Corporations Act 2001 prohibits a company from providing financial assistance in share purchases in certain circumstances. We recommend that lenders and borrowers seek professional legal, financial and tax advice.
The IP House Lawyers can assist businesses in drafting, preparing, advising and reviewing loan agreements, thereby ensuring our clients understand all aspects of the loan agreement before signing and ensuring that key terms do not constrain business operations.
For any further information or queries on the above content, please contact the authors or the key contact below.
The Author
Jean Kallmyr | Lawyer, The IP House Lawyers | t: 0435 799 831 | e: admin@theiphouse.com.au
Key Contact
Claire Darby | Managing Director/Lawyer, The IP House Lawyers | t: 0412 998 951 | e: claire@theiphouse.com.au
Disclaimer
The information and contents of this publication do not constitute any legal or financial advice. This publication is intended only for reference purposes for The IP House Lawyers’ clients and prospective clients.
Image by vectorjuice on Freepik