Asset based finance advice for your business
Businesses are increasingly seeking to obtain working capital, or may require specific funding for plant, machinery or other asset based or receivables finance.
Nelsons’ asset, invoice and finance solicitors advise major asset-based and receivables financiers in their provision of factoring and discounting and asset based lending.
Advising on both contentious and non-contentious aspects, we are able to provide clients with a truly complete service, from the initial preparation of facility and security documentation, to advising on specific projects or proposals, and acting for those financiers in the case of default.
We have established an excellent reputation in this specialist area, providing robust, commercial advice to ensure that all steps taken are proportionate and in keeping with the financiers’ mission statements and values.
We provide expert advice on:
- Facility documents and drafting
- Consumer credit
- Debt advice
- Guarantee, indemnity and warranty enforcement
- Insurance-related advice
- Inter-creditor arrangements
- Loan, lease, hire-purchase, conditional sale and block discounting agreements
- Receivables finance facilities
- Registration requirements
- Regulatory issues
- Security documents
- Security enforcement and insolvency processes
- Single debtor and sales ledger recovery action
- Transactional funding
- Cross border asset recovery and litigation
Our Asset, Invoice and Finance Solicitors
Our specialist team, spanning contentious and non-contentious expertise, is headed by three partners and supported by a wider team of solicitors.
Simon Trees qualified as a solicitor in 2000 and joined Nelsons as a Partner in 2011. Simon has specialised in asset and finance litigation for over 11 years, advising both large and small financiers from the inception of a transaction to the enforcement after default.
Simon provides bespoke advice, with a keen eye on the commerciality of any proposed course of action. In the current climate, financiers are often acutely aware of negative publicity or press coverage, and as such Simon ensures that any steps advised or taken are both proportionate and compatible with each financiers “vision and values” or mission statement.
Whilst Simon often assists when finance is being implemented, in conjunction with his transactional colleagues, his particular focus and specialism is in the recovery of assets, both national and international, and securing payment from personal and cross company guarantors in asset and invoice based finance.
Michael Lodge heads Nelsons’ Banking team and specialises in corporate banking with considerable experience in acquisition and general finance on both a bi-lateral and syndicated basis and related security and subordination matters.
He has over 25 years’ experience advising both funders and borrowers on a broad range of finance matters including asset finance, debt purchase, invoice discounting and factoring, international trade finance, refinancing, swaps and hedging arrangements and general banking. He has advised on local, national and international transactions including multinational syndicated loans in excess of £100 million. This has included:
- advising a high street bank and its asset finance arm on £78 million ABL funding to refinance a supplier of specialist vehicles
- advising an overseas asset finance funder and a high street bank on a £70 million syndicated funding for an acquisition
- advising on the acquisition of circa £50 million of debt from a high street bank
Michael is recognised by the independently researched Legal 500 as a Leading Individual in the East Midlands (2004 to 2016) and by Chambers and Partners as a Leading Individual in Banking (2003 to 2015).
Lisa Botterill qualified as a solicitor in 2001 and joined Nelsons as a Partner in 2014. Lisa spent 11 years working in private practice on a broad range of corporate and finance transactions but has specific experience of working on a number of innovative and unusual funding structures for clients involved in a variety of different asset finance arrangements.
Prior to joining Nelsons, Lisa spent a year working in-house for an asset backed lender having originally created and then adapted the suite of funding documentation for that lender for both commercial and consumer transactions.
Lisa therefore has a genuine understanding of not only the legal, but also the practical and commercial aspects of asset finance.
"The ‘exceptionally good’ David Kaplan, who is praised as a ‘seasoned negotiator’ with ‘substantial experience’ and ‘reassuring presence’..."The Legal 500