Loan Structuring & Documentation Lawyers for Private Lenders
Secure loan and security arrangements structured & documented by our private lending & non-bank finance lawyers
- Fast turnarounds on non-bank funding agreements to keep deals moving
- Enforceable mortgage & security instruments that proactively mitigate borrower default risks
- Clear commercial terms tailored for multi-party & mezzanine facilities
- Robust financial covenants designed to protect your interests
Our Loan Structuring & Documentation Services
GRM LAW provides expert legal advice to structure & document secure finance arrangements for private lenders, ensuring your capital is protected across:
01. Bilateral & Syndicated Loan Agreements
We craft clear, enforceable loan agreements that dictate exact terms for single-lender transactions or complex multi-party syndicates, including:
- Drafting core facility agreements tailored to your specific lending arrangements.
- Structuring drawdown schedules, interest calculations & repayment terms.
- Defining clear default triggers to protect your position if a borrower becomes distressed.
02. Mezzanine Finance & Preferred Equity
We structure specialised non-bank finance arrangements that protect your higher-risk subordinate position while facilitating the overall capital stack, including:
- Drafting preferred equity & mezzanine loan documents.
- Structuring equity kickers, profit-share mechanisms & targeted return hurdles.
- Aligning subordinate debt terms with senior banking and finance requirements.
03. Construction & Property Development Finance
We prepare tailored property finance documentation that tightly controls your capital exposure against the unique risks of the development lifecycle, including:
- Drafting progressive funding schedules tied to verified construction milestones.
- Structuring cost-to-complete provisions & builder step-in rights.
- Reviewing project feasibility & pre-sale contracts before you lend.
04. Security Documents & Guarantees
We establish robust security structures to ensure your loans are fully collateralised & legally enforceable if a borrower defaults, including:
- Preparing & registering real property mortgages across all Australian jurisdictions.
- Drafting General Security Agreements (GSAs) & Specific Security Deeds for personal property.
- Structuring binding personal & corporate guarantees to maximise your recovery options.
05. Covenants & Conditions Precedent
We advise on & draft strict financial controls that act as early warning systems to enforce borrower compliance before & after funds are advanced, including:
- Setting conditions precedent that must be satisfied before any capital is released.
- Drafting ongoing financial reporting metrics & loan-to-value (LVR) covenants.
- Structuring conditions subsequent to manage post-settlement obligations.
06. Intercreditor & Priority Arrangements
We negotiate & document clear priority rules to protect your exact recovery rights when multiple lenders share security over the same assets, including:
- Drafting subordination deeds to govern the relationship between senior & mezzanine lenders.
- Negotiating priority agreements & payment waterfalls.
- Structuring security sharing arrangements for complex syndicated facilities.
Who We Act For
GRM LAW’s banking & finance lawyers understand how private credit is raised, structured and recovered – providing expert legal advice to the full spectrum of non-bank lenders, including:
Private Lenders
Commercial entities deploying capital into the property market through secured lending arrangements & registered mortgages.
Non-Bank Financiers
Agile institutions providing alternative non-bank funding solutions outside traditional banking channels for commercial borrowers.
Credit Funds
Institutional pools of capital executing large-scale bilateral or syndicated finance transactions across the commercial sector.
Family Offices
Private wealth management firms deploying generational capital into direct debt investments & complex financial transactions.
High-Net-Worth Individuals
Sophisticated investors issuing personal capital for bespoke commercial loans & short-term property finance.
Mezzanine Financiers
Subordinate debt providers taking higher-risk positions behind senior banks within a complex capital stack.
Syndicate Managers
Lead arrangers coordinating multiple parties & managing priority positions within shared security structures.
Construction & Development Funders
Entities financing large-scale property development projects involving progressive drawdowns & builder step-in rights.
Contact Us Today
Our private lending lawyers will contact you to discuss your situation & outline next steps.
What Our Clients Say
How Our Process Works
01.
Initial Structuring & Term Sheet Review
We evaluate your commercial objectives to establish the optimal private lending setup before drafting begins.
02.
Due Diligence & Risk Assessment
We investigate the borrower & proposed security assets to mitigate potential legal vulnerabilities early.
03.
Drafting & Negotiating Finance Documents
We prepare tailored loan agreements & negotiate terms to protect your commercial interests.
04.
Execution & Settlement Coordination
We oversee the signing process & satisfy conditions precedent for a smooth non-bank finance transaction.
05.
Security Perfection & Post-Completion
We register your mortgage & PPSR interests to establish a legally enforceable priority position.
Contact Us Today
Our private lending lawyers will contact you to discuss your situation & outline next steps.
Why Choose GRM LAW
01. Deep Market Insight
We don’t just understand the law; we understand the Australian private credit market. We stay abreast of market trends, emerging risks, and regulatory shifts, allowing us to structure loan facilities & draft bespoke documentation that anticipates market changes rather than just reacting to them.
02. Specialised Lending Expertise
Our team possesses focused experience documenting the types of transactions common in private lending, including complex security arrangements, mezzanine finance, development funding, and syndicated deals. We draft clear, enforceable agreements for non-bank loan structures with confidence & skill.
03. Proactive Risk Mitigation
Our primary focus is protecting your capital. We meticulously identify potential legal & commercial risks during the initial term sheet review, translating them into robust financial covenants, conditions precedent, & watertight security documents designed to minimise your exposure & maximise enforceability.
04. Efficiency & Responsiveness
We recognise that time is critical when advancing funds. Our processes are streamlined for efficiency, enabling rapid turnarounds on complex loan agreements & security document production without compromising on quality or diligence, ensuring your finance transaction settles on schedule.
05. Commercial Acumen
We provide more than just technical legal advice; we draft practical, commercially focused loan terms. We understand your business objectives & work collaboratively to negotiate drawdown schedules & priority arrangements that facilitate successful deals while ensuring robust legal protection.
Meet Gavin McInnes
Gavin McInnes is an Accredited Specialist in Business Law with nearly 20 years of experience advising private lenders, credit funds & high-net-worth individuals on complex finance arrangements. As the founder of GRM LAW, he brings deep banking and finance expertise to ensure your loan documentation is commercially aligned & legally sound.
- Admitted to practice since 2006 with extensive experience in banking & finance law
- Recognised as a leading lawyer by the Global Fund Awards & Doyle’s Best Lawyers
- Author of Protect Your Assets, a comprehensive guide to structuring & asset protection in Australia
Gavin leverages his deep understanding of the private credit market to structure enforceable security documents that proactively protect your capital from borrower default.
Recognition & Awards
Loan Structuring & Documentation Essentials
Structuring The Capital Stack
The capital stack dictates the exact order in which lenders receive repayment during a default. Senior debt generally holds the first right of recovery before mezzanine finance or preferred equity participants.
Incorrect structuring often leaves subordinate lenders entirely exposed if the borrower faces insolvency. Our finance lawyers advise private lenders on structuring these complex lending arrangements to maximise recovery prospects.
Perfecting Security Interests
A signed loan agreement does not automatically guarantee priority over competing creditors. Lenders generally must register mortgages on title & record personal property security interests on the PPSR.
Failing to perfect these interests within strict statutory timeframes can seriously undermine your priority position. Our banking & finance legal team ensures security documents are properly registered to protect the underlying investment.
Setting Robust Covenants
Financial covenants impose strict operational & reporting boundaries on a borrower. These conditions act as an essential early warning system for detecting financial distress before a formal default occurs.
Vague covenants often prevent a non-bank lender from taking decisive action when a project begins to fail. Our private lending lawyers draft precise covenants tailored to the specific risk profile of each finance transaction.
Managing Multi-Lender Priority
Complex financial transactions frequently involve multiple parties holding security over the exact same assets. Intercreditor & subordination deeds govern the payment waterfall & dictate who controls the enforcement process.
Without a clear priority agreement, competing lenders often face costly legal disputes during asset recovery. Our finance law team negotiates robust intercreditor arrangements to firmly establish priority rights.
Contact Us Today
Our private lending lawyers will contact you to discuss your situation & outline next steps.
Legal & Compliance Insights
Frequently Asked Questions
What is the difference between a bilateral and syndicated loan agreement?
A bilateral loan agreement involves a single lender providing funds to a borrower, whereas a syndicated facility pools capital from multiple lenders under one shared agreement. Syndicated structures require more complex documentation, including security sharing arrangements & intercreditor deeds to manage priority among the syndicate members. Our banking and finance lawyers structure both types of finance arrangements to protect your capital.
How do we ensure our security interests are fully protected?
We protect your position by drafting robust General Security Agreements, real property mortgages & Specific Security Deeds tailored to the transaction. Our team then perfects these security structures by correctly registering your interests on the PPSR & relevant land titles registries. For expert legal advice on securing your lending arrangements, speak with our finance lawyers.
What specific documentation is required for construction finance?
Construction finance requires specialised loan documents that manage progressive drawdowns, cost-to-complete provisions & builder step-in rights. These terms tightly control your capital exposure throughout the property development lifecycle & mitigate the unique risks of funding construction projects. We advise private lenders on how to properly structure these development finance agreements.
How do intercreditor deeds protect non-bank lenders?
Intercreditor deeds establish clear rules of engagement when multiple lenders hold security over the same borrower assets. They dictate payment waterfalls, subordination terms & exact recovery rights to prevent priority disputes if the borrower defaults. Our banking and finance law team negotiates these deeds to ensure your non-bank lending position is legally sound.
Can you assist with drafting custom financial covenants?
Yes, we tailor strict financial reporting metrics & pre-funding conditions to match the specific risk profile of your loan. Well-drafted covenants act as essential early warning systems, allowing you to identify borrower distress before advancing further capital. We work closely with clients to ensure these loan terms are commercially viable & highly enforceable.
What happens if a borrower breaches a condition subsequent?
A breach of a condition subsequent generally triggers a default under the loan agreement, giving the lender the right to accelerate repayment or enforce security. The exact enforcement options depend on how the loan and security documents are drafted & the severity of the breach. We provide strategic legal advice to help you navigate borrower defaults & protect your investment.
How quickly can you turn around complex loan documents?
We deliver fast turnarounds on complex loan documentation to keep your finance transaction moving without compromising on legal diligence. Because we understand the commercial speed required by non-bank lenders, we commence work immediately upon receiving your term sheet. Contact our firm to discuss the specific timelines for your next secured lending deal.
Do you advise on the enforceability of personal and corporate guarantees?
Yes, we structure & draft comprehensive personal and corporate guarantees to ensure they hold up under scrutiny during recovery or insolvency scenarios. We meticulously review the capacity of guarantors to mitigate legal vulnerabilities before you lend any funds. Our experienced legal team ensures your finance arrangements are properly structured to maximise recovery if a default occurs.
Books By Gavin McInnes
Practical guides on structuring, asset protection and private credit in Australia.
Protect Your Assets
A plain‑English guide to protecting your home, business interests and investments under Australian law. Written for business owners, professionals and families who want to keep what they’ve built safe from avoidable risk.
Private Credit In Australia (Coming Soon)
A forthcoming guide to structuring, documenting and managing private credit transactions in the Australian market, written for lenders, sponsors and their advisers.
Explore Our Other Practice Areas
Deep expertise across corporate, banking & finance, property and related commercial work.
Private Lenders & Non‑Bank Finance
Strategic loan, security & enforcement advice for private credit funds, family offices & non‑bank lenders across Australia.
Property Developers & Projects
End‑to‑end legal support for property developers from site acquisition & approvals through to construction, sales, leasing & disputes.
Business Acquisitions & Disposals
Buy‑side & sell‑side advice on business and share sales, from initial structuring and due diligence through to completion.
Corporate & Commercial Advisory
Ongoing corporate, governance & commercial contracts advice for private companies, family businesses & investors.
Structuring & Asset Protection
Structuring businesses, investments & personal wealth to manage risk, protect assets and support long‑term succession.
Franchising
Establishing, growing & restructuring franchise networks, including franchise agreements, disclosure, compliance & exits.
IP & Technology
Protecting and commercialising intellectual property, software & technology through tailored licensing, development & sale agreements.
Real Estate Funds & Capital Raising
Advising real estate fund managers, sponsors & investors on fund structures, capital raisings & transaction execution across Australia.
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