Intercompany Loan Agreements

It’s probably unfair to say that it’s a hallmark of a well-run company that it has established processes for documenting all of the processes which are key to its business. That would be easy to assert, but very hard to do. But if that principle did apply, then it would also apply to the creation and documentation of intra-group loan relationships. This includes cash-pooling arrangements, which typically amount to loans made by the various participating companies to the cash pool leader.

From a legal perspective, this is not rocket science. The key terms will include:

drawdown and utilisation of advances conditions precedent to drawdown term (repayment date) and the borrower’s ability to repay early (prepayment) interest rates, interest periods and compounding security and subordination events of default triggering early repayment, and default interest

As with any intra-group arrangements, a critical litmus test is whether directors can properly approve the terms of the loan relationship as being in the interests of each individual company of which they are a director.

From a lender’s perspective, this ‘corporate benefit’ issue is particularly relevant for loans by a subsidiary to a parent company or a sister company. It may less of an issue in the case of a loan by parent to its subsidiary, since the parent has a clear financial interest in the success of its investment. However, for upwards or sideways loans within a group structure, factors such as the borrower’s ability to repay the loan will obviously be important. It should go without saying that it’s not enough for the making of the loan to make sense from a group-wide perspective. The loan must also be justifiable from the perspective of each legal entity participating in the arrangements.

In one extreme but typical example, a group finance company made a loan of over a billion dollars to a special purpose vehicle (SPV) which used the loan proceeds to acquire listed securities in the market. The SPV was a sister company of the finance company – in other words, they were both subsidiaries of the same holding company. The loan was expressed to be repayable on demand. As was expected, the value of the securities fell almost immediately, leaving the SPV with negative net assets. It would be hard to justify those arrangements as being for the corporate benefit of the lender, in the absence of additional arrangement such as a parent company guarantee to support the borrower’s obligations.

From the borrower’s perspective, a parent company guarantee in favour of the lender doesn’t help. If the guarantee were to be called on – and the parent procured repayment of the loan amount to the lender – the balance sheet position of the borrower would not be improved. It would simply owe the same amount to the parent rather than the original lender. From the borrower’s perspective, it would therefore need some additional comfort, such as a subordination agreement with the parent or some other commitment of financial support.

Please see the following link for examples of short-form intercompany loan agreements.

http://www.groupreorganisation.com/?p=115

Law Offices Of Alg And Associates – Loan Modification

The Law Offices of ALG and Associates Loan Modification

How Do I Choose the Right Law Firm for a Loan Modification?

The Law Offices of ALG and Associates is a Professional Law Firm – legal experts in Real Estate Law, offering Legal Representation of Non-Advanced Fee Loan Modifications, Commercial Workouts, Litigation, Short Sales, Bankruptcy, and Debt Settlement.

Many property owners realize they are in an unsustainable financial position and need a loan modification on their primary residence, second home or income propertys mortgage to retain ownership of the property. Many have heard the horror story of paying thousands of dollars to a loan modification company before any work has started and have never heard from the company again. So, how do property owners choose the right firm to represent you?

Questions to Ask

First, is the firm legitimate? A law firm that specializes in Real Estate Law is your best option. Are they in good standing with the state bar? Do they have any complaints or disciplinary actions against them? If there was a complaint, how was it resolved?

Does the law firm comply with all state and federal laws pertaining to loan modifications? Your first clue will be how the firm collects monies for its services. If they ask for any monies before some of the work has been completed, it is unlawful.

Second, can the firm provide strong experience and examples of successful cases they have completed? How many cases have they completed? How long have they been in business?

Third, does the firm have the resources to complete the job in a timely manner? Loan Modification cases typically take about 3 to 6 months to reach a settlement and require significant back and forth between the bank and the law firm. Do they have the critical mass of staffing to be able handle the case volume, negotiation and customer service requirements? Typically each case requires negotiators, processors, underwriters and case managers, in addition to the Attorney, to successfully achieve a modification for the property owner.

Fourth, does the firm set appropriate expectations? This depends ultimately on what is success for the property owner. There are many factors in what makes a case successful to a client and a reputable firm will set appropriate expectation on what can be reasonably achieved in a loan modification case rather than tell you what you want to hear to get your business. Whenever possible, it is recommended that the property owner meet with the prospective firm in person prior to retaining them.

Often, property owners will request a money-back guarantee for a successful modification. If the firm the property owner is considering offers a money-back guarantee, this should be a major cause for concern. The firm will act as the property owners representative or agent in a negotiation with the lender. The lender itself or a third party, called the investor, may own the mortgage. The party that owns the mortgage will makes the final decision on what new mortgage terms they will accept, if 
anything. It is impossible to guarantee exactly what the mortgage owner will do. For a firm to represent to a property owner otherwise should be a cause of great concern to the property owner.

Elements to Negotiate

The usual parameters of a case are stopping a foreclosure sale on a property, negotiating missed payments, accrued interest, property taxes and late fees, transitioning the loan from an adjustable rate mortgage to a fixed rate mortgage, moving from an interest only payment to an amortized payment, reducing the interest rate, change the term of the mortgage, including property taxes and insurance escrows in the monthly payment instead of being paid separately by the property owner, settling second mortgages for less than owed, and reduction of the principal balance owed.

As one can see, there are several factors to negotiate with the bank and without appropriate leverage of full legal representation, a Forensic Audit, a possible law suit and years of expertise, lenders arent generally motivated to consider your case.

The banks and mortgage servicers work with hundreds of thousands of people at a time and handle every request in an heartless, robotic fashion to attempt to support the masses, not applying individual attention, creativity, or compassion into each borrowers situation. So, working with the banks directly rarely works in the homeowners favor. We have clients who have attempted to work with their lenders for over a year with zero results before they retained the Law Offices of ALG and Associates.

Each lender has very specific guidelines they need to see in order to approve the loan modification. Unfortunately, most property owners do not have access to this information independently, and blindly submit and application, hoping for an approval. In essence, they are asking the lender to do them a favor. The financial information a property owners provides and how it is presented is vital to achieving an approval or denial with the lender and, through years of accumulated experience, the Law Offices of ALG and Associates knows exactly what each lender needs to see before we submit, which helps us achieve optimal results.

With proper research a property owner can find the a firm that is legitimate, complies with appropriate laws, can documents their experience, has the resources needed and sets appropriate expectations with the client. The Law Offices of ALG and Associates realize a Loan Modification is very important matter and the property owner definitely wants to treat it with urgency. We strongly encourage that property owners do thorough research and make sure the firm they choose is the right firm for them.

Holiday Payday Loan-Get Cash For Travelling To Places

Most of us love to travel to new places and explore those places. But it requires a lot of amount to travel as many expenses are involved if you have to travel like ticket booking, hotel booking and many other expenses. But you do not need to worry for all these expenses. All you need to do is to apply to holiday payday loan scheme. This scheme is made especially for people who love travelling a lot but due to limited salary they are unable to plan their holidays. This scheme will help such person a lot. This scheme does not involve any type of formality. You do not need to fax the documents for your identity proof. Nor you need to provide any of your assets as collateral for borrowing the required amount. If you have bad credit score also, still then you can apply with the scheme. With the help of this scheme you can borrow amount up to $1500 on which the rate of interest will be nominal. If the amount greater than $1500 it will charge little high interest rate.

You can easily apply with holiday payday loan scheme. The process is simple and sitting at home you can avail the scheme as well as the required amount. You need to fill the form and fulfil the conditions of the scheme. The below mentioned conditions will make you eligible to apply to the scheme. The conditions are as follows: You should be a permanent citizen of USA. You should be aged above 18 years. You should be working with some company from past 5-6 months. You should have an active checking account with any of the banks of USA.

After meeting the entire conditions fill the form providing all your information, reason for opting this scheme, banks account number and how much amount you need. Then submit the form online only. As soon as your application is received the amount will be transferred directly to your bank account so that you can use the amount your own way. You need to repay this borrowed amount in a period of one month.

The Benefits Of Home Improvement Loans

A home is more than an investment, it is an asset. The equity that builds up in a home is something that can prove to be very useful. Additionally, home improvements can really help to build equity.

Most people seek out a home improvement loan to make improvements to their home to make it look better or improve upon it so they gain more equity. The most common source for these loans is a home equity loan.

Home improvement loans are looked upon very favorably by lenders. They like that a home owner is building equity in their home and they are often very willing to extend them credit. Home improvements are going to add value to the property, which is an asset for the lender as well. So, it is a win-win situation for both parties.

Getting a home improvement loan is a matter of having the equity on your home. To determine the equity you should get an appraisal. The equity will be the difference between what you owe on the mortgage and the amount the house was appraised for. You can borrow from that amount what you need for improvements.

When you go to get a home improvement loan it is helpful to have the information handy about what improvements you are going to do. Being able to completely explain what you will do with the money can be very helpful in getting the loan approved for the amount you want.

As with any loan, you will need to watch the interest rates and ensure you are not being charged too much. Remember this loan is in addition to the loan you are already paying for your home. With this loan, like with your mortgage, should you default your home is at risk.

Your home improvement loan can be gotten from your current lender or you can shop around for better rates. It is probably best to start with your current lender since you already have a relationship with them and they are most likely to give you a quick approval. It is wise though to at least look at competitors to make sure you get the lowest interest rate possible.

You should also try and speak to a number of decent brokers that have a wide range of lenders on their panel. This way they can go into the market and find you the most suitable loan product and best rate.

Also if you have a bad credit history or are self employed they will be able to go to specialist lenders that are not directly available to the general public.

Home improvement loans can be used to make almost any improvement to your home. If you need the money to fix up your home or if you are just wanting to make some additions, a home improvement loan can be the answer.

Besides helping to build more equity in your home, home improvement can also help to lower your insurance rates, and improve your living conditions. In the long run a home improvement loan can be very beneficial and is a great debt to take on.

The Advantages Of Acquiring Loans From Legal Money Lender

The existing financial footing is really conducive for license bank. Financial position is getting harder day-by-day even for the people with great credit record. These days folk are finding it tricky even to feed their families. They’re compelled to ask for personal loans from a funds provider in this context. A bank can either be an individual or group of persons or a registered firm that’s permitted to provide financial help to individuals as well as institutions from their personal assets which must be paid back by the borrowers in the stipulated time alongwith interest.

Though you can take personal loans from anybody but it is better for the borrowers to comprehend the need of taking loans from a license bank instead of another person as the loans are available at different terms and IRs in the market. Routinely lenders quote terms and interest rates as per the private circumstances of the borrower or all alone lending policies. Though there is no fixed rule about the term of loan as some of the banks offer short term private loans whereas others may well offer you long-term loans but whatever be the term of repayment it has effects on on the details of full loan. To avoid receiving penalties and costs on the delinquent liabilities the borrower should repay the loans in time whether he was granted loan against some collateral like property or other valuable assets or on personal recommendation of another person.

A license funds provider, individual or corporate, is thought to be a legal, trustworthy and rapidly working entity who can provide monetary assistance to the borrowers from his very own legal monetary assets. Scanning a reputable license bank will protect you from being victim of fraud and sting money lenders who may offer monetary help at moneymaking terms but may cost dearer eventually. A money lender is a valid organization or person on which can folk can confidently trust for their money needs.

Benefits of license money lender

First benefit of license bank is that he’ll avail finances easily, quickly and efficiently at the time of need. He’ll simply establish the suitability of the borrower for his monetary prerequisite by evaluating his credit score. Getting into contact with a approved lender is rewarding for everyone who is facing money problem anytime in his life. But still you need to shop among them to find a appropriate and reputable one for your financial assistance. A licensed bank looks after his buyers like his folks. So it is vital to search for a license lender.

Worldwide approval of bank is the second advantage of contacting him as it makes it easy to avail his services any where in the world. You can borrow from approved lenders anyplace worldwide as many of them work at similar terms whether or not they are based in USA, Finland, Dubai or China. The inflating use of web has made it simple to borrow private loans from a lender of even a different country. The situation of lender or borrower has become immaterial in the present day’s context. You can consult license money lender of any country to have financial assistance to gain your financial targets by comparing them.

Universal interest rate is the subsequent benefit of selecting bank for taking personal loan from all over the world. Generally IR varies among various money banks and one has to search around the world to discover the best rate of interest for his private loan. But this isn’t the issue with licensed lenders anywhere in the world as they offer private loans at typically accepted interest rates.

Though, it hardly matters that you borrow private loans for which purpose but having it from a licensed lender makes much difference in some ways. You need to think over the benefits of availing the services of approved funds provider before making an application for online private loan.