Powered by Lexis+®
Jurisdiction(s):
United Kingdom

Lending to HNWIs under English law: transaction structures (direct, SPV, trusts), key contractual terms, security over real estate and chattels, consumer credit/regulated mortgage issues, and undue influence safeguards

Practice notes
imgtext

Lending to high-net-worth individuals (HNWIs)

Lending to HNWIs is not the same as financing corporate bodies, especially group structures. Unlike standalone corporate borrowers, HNWIs take on debt in a personal capacity (even where an SPV is interposed), with collateral typically comprising a blend of private and other assets (such as property, investment portfolios and luxury collectibles like art), rather than cashflow from trading operations.

This Practice Note sets out introductory guidance on the principal considerations when advancing funds to HNWIs and signposts further, more detailed material. It outlines prevalent deal structures and highlights documentary points and headline legal issues.

For deeper analysis on lending to individuals, and on obtaining security and personal guarantees in relation to the matters flagged in this Practice Note, see the following Practice Notes:

  • Key issues for lenders when dealing with an individual in a commercial finance transaction
  • Key issues in taking a guarantee from an individual in a commercial financing context
  • Key issues in taking security from individuals
  • When are consumer-related rules, regulations and legislation relevant to a commercial financing transaction?

For precedent provisions, refer to Precedent: Representations and events of default plug-in clauses for loan agreements and security documentation: individual borrower or chargor...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Web page updated on 21/05/2026

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow