Solicitors Certificates and Banking (acting for borrower/ guarantor)
We provide sound legal advice for borrowers and guarantors entering into finance arrangements
We also assist companies when they require legal help when obtaining financial assistance for share purchases.
What is a solicitors certificate?
A solicitors certificate is a certificate that confirms that a person has received independent legal advice regarding the potential risks and liabilities in signing loan and security documents.
Lenders require borrowers and guarantors (as the case may be) to obtain solicitors certificates prior to providing finance t ensure their understand the potential risks and their obligations as a borrower or guarantor.
Whether you are taking out a loan for property purchase, refinance or acting as a guarantor in a commercial context, we can advise you on the risks and obligations of borrowers and guarantors to help safeguard your interests and provide better certainty.
Contact usOur lawyers based in Melbourne can assist you with:
Solicitors certificates
Solicitors’ certificates under Victoria’s Legal Profession Uniform Law verify the process in which a lawyer has advised a borrower or guarantor regarding loan documentation and the related risks and obligations contained therein.
Loan agreement reviews
We review loan documentation to ensure legal compliance, assess risks, clarify terms, and provide advice to protect our client’s interests.
Advice to borrowers and guarantors regarding risks and legal obligations
We advise borrowers and guarantors on risks, legal obligations, and potential liabilities in loan agreements and guarantor deeds, to help them make informed decisions prior to entering into financing arrangements with lenders.
What is financial assistance whitewashing?
Financial assistance ‘whitewash’ procedure
Financial assistance whitewashing is the process of obtaining shareholder approval of a company financially assisting a person in acquiring its shares, provided that there is no material prejudicial impact on the:
a) interests of the company or its shareholders; or
b) the company’s ability to pay its creditors.
We assist clients in advising and preparing the requisite financial assistance forms and formalities documents to ensure compliance with the relevant legislation.
Related services
Personal law (Wills, PoAs, BFAs)
We assist clients with drafting and managing wills, establishing enduring powers of attorney, and creating binding financial agreements for couples, ensuring legal protection, clarity, and compliance with personal and financial plans.
Establishing companies and trusts
We help clients establish companies and trusts by providing legal advice, drafting necessary documents, and ensuring compliance with the Corporations Act and relevant legislation.
General commercial law
We assist clients with general law matters by offering legal advice, drafting documents, representing interests, and ensuring compliance with Australian laws.
We also draft documents to meet ASIC/ lender requirements and provide general commercial law advice on loan documentation.
We can also come to you and meet after business hours (by arrangement) if that helps you get the matter completed sooner.
What we do for you
We bring experience and understanding to our client interactions. We listen, consider, advise and then act.
We work hard to help you achieve your objectives and complete your matter promptly for a reasonable fee. What are you waiting for?
Book a meeting
Do you have a property loan, business finance or financial assistance (whitewash) matter you need to discuss?
3 steps to action your legal matter.
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1
Book an appointment for a free 15 minute consultation.
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2
We will provide you with a scope of work and a fixed fee proposal for your review and approval.
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3
Once engaged to act, we will promptly start working on your matter. Book an appointment or contact us now here.