Our Specialized Services for Private Lenders
GRM LAW provides end-to-end legal support tailored specifically for the needs of private lenders operating in the dynamic Australian market. Our expertise covers:
Loan Structuring & Documentation
We assist in structuring and documenting a wide range of private credit facilities, ensuring clarity, enforceability, and alignment with your commercial objectives. Our experience includes:
- Bilateral and syndicated loan agreements
- Mezzanine finance and preferred equity arrangements
- Construction and property development finance
- Drafting robust and tailored loan agreements, security documents (including mortgages, General Security Agreements (GSAs), Specific Security Deeds), guarantees, and associated documentation.
- Advising on appropriate covenants and conditions precedent/subsequent.
Security Perfection & Advice
Protecting your position requires meticulous attention to security. We provide expert advice on:
- Real property security across all Australian states and territories, including registration and priority issues.
- Personal Property Securities Act (PPSA) matters, including correct registration of security interests (including ALLPAPs and PMSIs), navigating complex collateral classes, advising on priority rules, and managing disputes.
- Reviewing existing security structures for adequacy and potential risks.
Regulatory Compliance & Advice
Navigating the regulatory landscape is crucial. We guide lenders through:
- Assessment of National Consumer Credit Protection Act (NCCP Act) applicability, particularly for loans involving individuals or residential property security, even if for business purposes.
- Advising on Australian Credit Licence (ACL) requirements and responsible lending obligations under ASIC's RG 209 where applicable.
- Compliance with Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) laws, including client identification and verification.
- Avoiding pitfalls under the Australian Consumer Law, such as misleading or deceptive conduct and unconscionable conduct.
Due Diligence
We conduct comprehensive due diligence to inform your lending decisions:
- Reviewing borrower and guarantor capacity and structure.
- Investigating title and encumbrances for security assets.
- Analyzing transaction structures for potential legal risks.
Loan Management
We provide ongoing support throughout the life of the loan:
- Drafting and negotiating variations, waivers, consents, and extensions.
- Advising on facility management issues and potential defaults.
Enforcement & Recovery
When defaults occur, we provide strategic advice and decisive action:
- Issuing effective letters of demand.
- Negotiating standstill agreements and workout arrangements.
- Appointing receivers, controllers, or agents for mortgagee sale.
- Executing mortgagee sales and other security enforcement actions.
- Enforcing security interests under the PPSA.
- Conducting related litigation to recover debts and enforce rights.
Discuss Your Specific Lending Scenario
Contact GRM LAW today to learn how our specialized legal services can support your private lending activities in Australia.
Request a Consultation