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Banking & Financial Services

We are trusted because we give solid advice – to deadline – for a fixed fee. We also never charge those nuisance file opening, administration, postage or printing fees.

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Full Range of Services
We offer the full range of services. We act for lenders, big and small, in many specialisations including cash flow, equipment and property.

Practical Advice
Commerciality is always at the front of our minds. If we feel something is not worth your time, money or effort, we will tell you!

Outcomes
Proven, consistent success in:

  • Acting for financiers, insolvency practitioners and directors
  • Advising on complex security, restructuring, bankruptcy, construction and PPSA issues.
  • Recovery proceedings in all jurisdictions including the appointment of controllers and receivers
  • Related transactional work such as business, asset, and property sales.

In Summary
Whether you are a sophisticated legal client or just need help on the odd occasion, we pride ourselves on providing commercial and succinct advice without the fluff.

Do you need solid advice on topical and complex issues? We have extensive experience in acting for lenders in respect of all manner of security documentation, PPSA, PEXA, recovery actions and general commercial advice.

PPSA

The PPSA is essential to protect your property interests. Unfortunately, the PPSA is complex and a failure to register properly, or within certain time frames may void your registration.

This could lead to the loss of your secured interest. Professional advice is often essential to get it right.

Experience matters
Stratos Legal deals with PPSA matters every day of the week. We prepare PPSA documentation such as General Security Agreements (GSA).We conduct security reviews on the PPSA. We advise on enforceability.

In our experience, it is critical to get the process right and we often see what happens when people get it wrong. If you have a question about whether the PPSA applies to your business you should get professional advice.

Key things to know
The PPSA (Personal Property Securities Act 2009 (Cth) has a major impact on banks and financial institutions as well as financing arrangements for security interests such as mortgages, charges and pledges.

The PPSA also impacts products such as:

  • lease and hire-purchase finance
  • receivables financing, including factoring
  • trade finance
  • structured products
  • investment lending
  • private lending
  • anyone who sells goods on credit or is familiar with retentions of title
  • anyone who hires out equipment.

See our list of PPSA Terms and Acronyms

Loan Agreements

Whether you need your loan agreement precedents previewed or just a single loan agreement for a one-off transaction, talk to us about getting a speedy solution at a competitive price.

  • Stratos Legal draft loan agreements for a variety of lenders, big and small.
  • Experienced, commercial and up-to-date
  • You should never have to choose between these! Using the PEXA and Infotrack platforms we can register mortgages, caveats and security interests very quickly.
  • We have access to a full suite of documents that are constantly updated.
  • When you deal with Stratos Legal you get a single point of contact who will know what is going on, with all of your files, at all times.

Caveat Lending

Where, When and how; Caveat Lending and Caveat Security are specialised products that financiers and creditors with good terms of trade can utilise to secure loans.

  • Caveats are products of the property laws of each state. The rules for how they can be used vary significantly.
  • For example, in one major state, a caveat will expire after 3 months unless certain criteria are met and you cannot lodge a second caveat on the same grounds. And yet in other states they can persist on title.
  • Courts typically take a dim view of improperly documented or supported caveats
  • Stratos Legal have experience with caveats in all states of Australia. We regularly lodge caveats for financiers, creditors, bankruptcy trustees and private lenders.

Mortgages

Stratos Legal deals with mortgages across Australia as fully compliant members of the PEXA platform.

What if you are a private lender?
If you take out private commercial loans, or you are lending to a family member or friend, you are a private lender.

Private lenders are often concerned about taking mortgages when loaning money to family and friends. Frankly, if you are not taking a mortgage you are giving somebody the money simply on upon trust, hope and good luck to get repaid. In the worst situation, if you have taken a mortgage you might be in a position to help the borrower in ways that you could not if you were an unsecured lender.

You should talk to us about your options
We prepare mortgages regularly for financiers and private lenders. Contact us for fixed fee pricing for a mortgage, before lending money.