Asset based lending

Asset based lending (ABL) is where funds are made available to a borrower secured upon an asset of the borrower. Almost any asset may be involved from the traditional “hard” assets such as machinery or equipment through to furniture and vehicles. It could even be over a valuable watch or jewellery.

If you need advice or are having problems with an asset based loan our team can help. We have years of experience of advising both lenders and borrowers, if you would like to speak us a member of the team regarding an ABL call us on 0203 816 9303, alternatively please complete our online enquiry form and we will contact you directly.

loading staff

Who can use ABL?

ABL is available to individuals and businesses whether the business is a sole trader, a partnership or a limited company.

What security does the lender take?

A charge will be taken over a specific asset such as the debts owed to the borrower or a chattel mortgage over a specific piece of machinery or equipment owned by the borrower.

If the borrower is a limited company then the lender should register a charge against the company at Companies House.

If there is a pre-existing charge registered at Companies House, such as where the borrower company has a bank loan or overdraft facility, then the lender should obtain a deed of waiver and priority from the prior charge holder.

If the borrower is either an individual or a partnership, then the lender should consider registering the loan at the Bills of Sale Registry.

Valuations

Where a lender is securing the loan against a specific asset such as a piece of machinery or equipment, it is prudent for the lender to obtain a valuation of the asset based on it being a forced sale value, that is at a reduced value to its current value. The lender should not lend more that the valuation.

If the borrower does not repay the loan then how does a lender enforce its asset based loan?

By selling the physical asset.


Additional security for lender

If a lender seeks additional security then it is often in the form of a guarantee. For legal reasons any such guarantee should be by deed and should be drafted as a guarantee and indemnity.

9.3 out of 10
Trustpilot logo5-stars on trustpilot Based on count 551

We're Great

It is our business to deliver legal services that work for our clients, and you can trust our specialists to take care of things on your behalf.

Our Trustpilot reviews

I would like to thank Stephensons for their help in this matter which has been resolved quickly and without stress. I will certainly use this service again in the future if required.
View from a debt recovery client

Updated HMO licensing rules

New rules relating to Houses in Multiple Occupation (HMO) came into effect in England on 1 October 2018 without much fanfare and under the radar of many landlords. As a result of the new rules properties that did not require licencing previously may...

Read more

Twitter commercial

Four new senior associates for Stephensons

Stephensons has announced its most recent round of senior associate appointments across its regulatory , clinical negligence , personal injury and employment teams. The four solicitors have shown a strong commitment to both the firm and their area...

Read more

Debt recovery reorder

  • Jonathan Chadwick
  • Louise Hebborn
  • Alistair Gregory
  • Matthew Halton
  • Kerrie Ainscough
  • Declan Gilroy
  • Matthew Smith

We're always here for you

As an award-winning top 150 law firm, with over 450 staff based in offices across the country, you're never far from the advice you need.

Find your nearest Stephensons office and arrange a meeting

As an award-winning top 150 law firm, with over 450 staff based in offices across the country, you're never far from the advice you need.