Collateralized Loans | Rbcpay

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Borrow against assets you already own

A Rbcpay collateralized loan is secured by property, equipment, vehicles or receivables that you pledge for the term of the loan. Every term is agreed and recorded in a written agreement before a single dollar is disbursed.

What a collateralized loan is

A collateralized loan is one where the borrower grants the lender a security interest in specific assets. Those assets, the collateral, stay with the borrower and continue to be used, but they secure repayment of the loan.

Because the loan is secured, both sides know exactly what is at stake from the outset. The collateral is identified item by item in the agreement, along with its approximate value, and the borrower undertakes to keep it free of other claims for the duration.

What is fixed in writing before funds move

  • The exact assets pledged as collateral, described individually
  • The amount advanced and the purpose it is advanced for
  • The interest rate, the term, and the repayment schedule
  • What counts as an event of default and what follows from one
  • The law that governs the agreement and where disputes are heard

How a collateralized loan works

Five stages, from first enquiry through to release of the security interest.

1

Enquiry and review

You tell us the amount you need, what it is for, and what you can pledge as security.

2

Collateral valuation

The assets you propose are identified individually and their approximate value is established.

3

Terms agreed

Amount, rate, term, repayment schedule and default provisions are set out in a written agreement.

4

Signing and disbursement

Both parties sign, the security interest attaches, and the funds are disbursed.

5

Repayment and release

You repay on the agreed schedule. Once the balance is cleared, the security interest is released.

What can be pledged as collateral

Collateral is identified item by item in the agreement, with a description, a type and an approximate value for each entry.

Real estate

Commercial property and land, identified by address, secured by a registered interest in the title.

Equipment

Machinery and plant, identified individually by make, model and serial number so there is no ambiguity about what is pledged.

Vehicles

Commercial vehicles and fleet, identified by make, model and vehicle identification number.

Accounts receivable

Outstanding invoices and book debts pledged as security, with the balance established at the time the agreement is made.

What the borrower confirms about the collateral. That it is, and will remain, free and clear of all liens and encumbrances except anything disclosed to the lender in writing; that adequate insurance will be maintained on it throughout the term; and that the lender will be named as loss payee on that insurance.

What every loan agreement sets out

The figures differ from one agreement to the next. What does not differ is the list of things that must be settled and written down before signing.

Loan amount
The principal advanced to the borrower, stated in the agreed currency.
Loan purpose
What the proceeds may be used for. The borrower agrees to use them only for that purpose.
Interest rate
The rate applied to the outstanding principal, stated per annum.
Loan term
The length of the loan, from disbursement through to maturity.
Disbursement date
The date the funds are advanced and the security interest attaches.
Maturity date
The date by which the balance must be cleared in full.
Repayment schedule
How and when principal and interest are paid across the term.
Late payment fee
What is charged on an overdue amount, and from when.
Prepayment
Whether the loan may be repaid early, and on what notice.
Collateral schedule
Every pledged asset, listed individually with its type and approximate value.
Governing law and venue
The law the agreement is construed under and where any dispute is heard. This is set per agreement and depends on the parties involved.

Borrower obligations

For the life of the loan, the borrower agrees to:

  • Use the loan proceeds only for the stated purpose
  • Make every payment when it falls due
  • Maintain and insure the collateral, naming the lender as loss payee
  • Not sell, transfer or further encumber the collateral without the lender’s prior written consent
  • Provide financial statements and other information as reasonably requested

Events of default

An event of default includes, but is not limited to:

  • Failure to make payments when due
  • Misrepresentation by the borrower
  • Insolvency of the borrower
  • Unauthorised transfer of collateral
  • Breach of any other term of the agreement

On default, the lender may declare the entire outstanding balance immediately due and payable, and may exercise all rights and remedies available under the agreement and at law.

Common questions

Do I keep using the assets I pledge?
Yes. The collateral stays in your possession and in normal use. What changes is that the lender holds a security interest in it, so it cannot be sold, transferred or pledged elsewhere without written consent.
How is the value of my collateral established?
Each asset is identified individually and given an approximate value, which is recorded in the collateral schedule of the agreement. Real estate is identified by address, equipment by serial number and vehicles by VIN, so there is no ambiguity about what has been pledged.
Can I pledge more than one type of asset?
Yes. A single agreement can combine real estate, equipment, vehicles and accounts receivable. Each entry appears separately in the collateral schedule with its own description, type and approximate value.
Can I repay early?
Whether prepayment is permitted, and on what notice, is set out in the agreement and agreed before signing. It is one of the terms to raise during the discussion rather than after.
What happens if I miss a payment?
A late payment fee may apply to the overdue amount, on the basis stated in the agreement. Continued failure to pay is an event of default, at which point the lender may declare the full outstanding balance immediately due.
What happens when the loan is repaid?
Once the outstanding balance is cleared in full, the security interest over the collateral is released and the assets are no longer encumbered by the agreement.
Which law governs the agreement?
The governing law and the venue for any dispute are set out in each individual agreement and depend on the parties and the assets involved. Both are agreed and written down before signing.

Talk to us about a collateralized loan

Tell us the amount you are looking for, what it is for, and what you can offer as security. We will come back to you on whether it is something we can structure.

Rbcpay.com, Inc.
A company of NPI Inc.
1 King Street West, 48th Floor, Suite 4809-01
Toronto, Ontario M5H 1A1, Canada