what is debt financing as a lawyer

by Otho Flatley 9 min read

Loan finance or general lending legal work involves advising on loans for public and private sector borrowers as well as financial and industrial institutions. Lawyers also advise the banks that arrange loans (the underwriter) or participate in loans (the investor).

Debt financing is when a person, business, bank or other entity provides capital to a business and the business has the obligation to pay back the principal on that loan plus an agreed upon rate of interest.

Full Answer

What is debt financing?

Debt financing occurs when a firm sells fixed income products, such as bonds, bills, or notes, to investors to obtain the capital needed to grow and expand its operations. When a company issues a bond, the investors that purchase the bond are lenders who are either retail or institutional investors that provide the company with debt financing.

What is law firm financing and how does it work?

Law firm financing is a financing structure specifically created for lawyers and legal firms. Some of the best ways to finance a law firm include law firm loans like Small Business Administration (SBA) loans, business loans, and private equity.

How do small businesses get debt financing?

Small businesses can get debt financing from several different sources. A lot of startups borrow money from friends and family. People that are close to you are much more likely to give flexible terms of repayment. They are also more willing to invest their money into a business that may not be fully developed yet.

What are the best types of loans for law firms?

The best types of loans for law firms include Small Business Administration (SBA) loans, business loans, working capital loans, and business acquisition loans. We’ll go into more detail about these types of loans below. What types of loans are the best loans for law firms?

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What are some examples of debt financing?

Based on the above structures, all of the following would be considered examples of debt financing:Loans from family and friends.Bank loans.Personal loans.Government-backed loans, such as SBA loans.Lines of credit.Credit cards.Equipment loans.Real estate loans.

What is a source of debt financing?

Debt finance – money provided by an external lender, such as a bank, building society or credit union.

What makes a good finance lawyer?

Finance lawyers must have advanced research skills to research legal precedents and current laws. Banking lawyers need good interpersonal skills when meeting with clients. They must have good verbal and written communication skills to explain legal matters in layman's terms to their clients.

What are the advantages and disadvantages of using debt financing?

Advantages of debt financingYou won't give up business ownership. ... There are tax deductions. ... Debt can fuel growth. ... Debt financing can save a small business big money. ... Long-term debt can eliminate reliance on expensive debt. ... You must repay the lender (even if your business goes bust) ... High rates. ... It impacts your credit rating.

What are the four types of debt financing?

Debt Financing OptionsBank loan. A common form of debt financing is a bank loan. ... Bond issues. Another form of debt financing is bond issues. ... Family and credit card loans. Other means of debt financing include taking loans from family and friends and borrowing through a credit card.

What are the benefits of debt financing?

Advantages of Debt FinancingOwnership Stays With You. ... Current Management Retains Full Control. ... Interest Payments Are Tax Deductible. ... Taxes Lower Interest Rate. ... Accessible To Businesses Of Any (And Every) Size. ... Builds (Or Improves) Business Credit Score.

What is the highest paid lawyer?

Highest paid lawyers: salary by practice areaTax attorney (tax law): $122,000.Corporate lawyer: $115,000.Employment lawyer: $87,000.Real Estate attorney: $86,000.Divorce attorney: $84,000.Immigration attorney: $84,000.Estate attorney: $83,000.Public Defender: $63,000.More items...•

How do I become a finance lawyer?

How to Become a Banking or Financial Lawyer?Graduation degree from a recognized university,LLB degree or LLB graduation degree from a recognized university,Cleared the Bar council examination of any state,Enrolled in the Bar association of a state,Earned professional license,More items...•

Can a lawyer work in a bank?

Work of a Lawyer in Financing and Banking Law is a common area for all financial advisers and planners. A lawyer in a banking institution is not always limited to give legal advice or handle lawsuits representing banks in courts, they are entrusted with versatile work roles.

What are the risks of debt financing?

The Cons of Debt FinancingPaying Back the Debt. Making payments to a bank or other lender can be stress-free if you have ample revenue flowing into your business. ... High Interest Rates. ... The Effect on Your Credit Rating. ... Cash Flow Difficulties.

What is the most common source of debt financing?

LoansLoans. Loans are the most common and popular mode of debt finance for a company. Businesses borrow money from commercial lenders like banks by keeping some collateral security against the loan; it can be recourse or non-recourse debt.

What are the consequences of debt financing?

Increasing debt causes leverage ratios such as debt-to-equity and debt-to-total capital to rise. Debt financing often comes with covenants, meaning that a firm must meet certain interest coverage and debt-level requirements. In the event of a company's liquidation, debt holders are senior to equity holders.

What is debt financing?

Debt financing, by contrast, is cash borrowed from a lender at a fixed rate of interest and with a predetermined maturity date. The principal must be paid back in full by the maturity date, but periodic repayments of principal may be part of the loan arrangement. Debt may take the form of a loan or the sale of bonds; the form itself does not change the principle of the transaction: the lender retains a right to the money lent and may demand it back under conditions specified in the borrowing arrangement.

What does it mean when a company has a low debt to equity ratio?

Lenders like to see a low debt/equity ratio; it means that much more of the company's fortunes are based on investments, which in turn means that investors have a high level of confidence in the company. If the debt/equity ratio is high, it means that the business has borrowed a lot of money on a small base of investments. It is then said that the business is highly lever-aged—which in turn means that lenders are more exposed to potential problems than investors. These relationships ultimately highlight a certain ambiguity in the relations between lenders and investors: their aims are in conflict but also in mutual support. Investors like to use a small investment and leverage it into a lot of activity by borrowing; lenders like to lend a small amount secured by a large investment. In usual business practice these motivations result in a negotiated equilibrium which shifts this way and that based on market forces and performance.

How does the SBA help small businesses?

Small Business Administration (SBA) and involve debt financing. The SBA helps small businesses obtain funds from banks and other lenders by guaranteeing loans up to $750,000, to a maximum of 70-90 percent of the loan value, for only 2.75 percentage points above the prime lending rate. In order to qualify for an SBA guaranteed loan, an entrepreneur must first be turned down for a loan through regular channels. He or she must also demonstrate good character and a reasonable ability to run a successful business and repay a loan. SBA guaranteed loan funds can be used for business expansion or for purchases of inventory, equipment, and real estate. In addition to guaranteeing loans provided by other lenders, the SBA also offers direct loans of up to $150,000, as well as seasonal loans, handicapped assistance loans, disaster loans, and pollution control financing.

What is the purpose of cash flow?

The cash flow of a company in relation to its debt serves lenders as another way to measure whether or not to provide debt financing to a business. A company's profitability, as measured on its books, may be better or worse than its cash generation. In calculating cash flow, only actual cash coming in and going out in a given period is used to calculate net cash available for servicing debt.

What is trade credit?

Trade credit is another common form of debt financing. Whenever a supplier allows a small business to delay payment on the products or services it purchases, the small business has obtained trade credit from that supplier. Trade credit is readily available to most small businesses, if not immediately then certainly after a few orders. But the payment terms may differ between suppliers. A small business's customers may also be interested in offering a form of trade credit—for example, by paying in advance for delivery of products they will need on a future date—in order to establish a good relationship with a new supplier.

What are the most common sources of business loans?

Commercial banks usually have more experience in making business loans than do regular savings banks. Credit unions are another common source of business loans; these financial institutions are intended to aid the members of a group—such as employees of a company or members of a labor union—they often provide funds more readily and under more favorable terms than banks. However, the size of the loan available may be relatively small.

How do factor companies help small businesses?

Factor companies help small businesses to free up cash on a timely basis by purchasing their accounts receivable. Rather than waiting for customers to pay invoices, the small business can receive payment for sales immediately. Factor companies can either provide recourse financing, in which the small business is ultimately responsible if its customers do not pay, and non-recourse financing, in which the factor company bears that risk. Although factor companies can be a useful source of funds for existing businesses, they are not an option for startups that do not have accounts receivable. Leasing companies can also help small businesses to free up cash by renting various types of equipment instead of making large capital expenditures to purchase it. Equipment leases usually involve only a small monthly payment, plus they may enable a small business to upgrade its equipment quickly and easily.

What is debt financing?

Debt financing occurs when a company raises money by selling debt instruments, most commonly in the form of bank loans or bonds. Such a type of financing is often referred to as financial leverage. As a result of taking on additional debt, the company makes the promise to repay the loan and incurs the cost of interest.

Who provides debt capital?

Debt capital is provided by a lender , who is only entitled to their repayment of capital plus interest. Hence, business owners are able to retain maximum ownership of their company and end obligations to the lender once the debt is paid off.

What is debt capital?

Debt capital is provided by a lender, who is only entitled to their repayment of capital plus interest. Hence, business owners are able to retain maximum ownership of their company and end obligations to the lender once the debt is paid off. 2. Tax-deductible interest payments. Another benefit of debt financing is that the interest paid is ...

How long does a business need to repay a debt?

The assets that will be purchased are usually also used to secure the loan as collateral. The scheduled repayment for the loans is usually up to 10 years, with fixed interest rates and predictable monthly payments.

Why is debt repayment a struggle?

The repayment of debt can become a struggle for some business owners. They need to ensure the business generates enough income to pay for regular installments of principal and interest.

What is short term debt financing?

Businesses use short-term debt financing to fund their working capital for day-to-day operations . It can include paying wages, buying inventory. Inventory Inventory is a current asset account found on the balance sheet, consisting of all raw materials, work-in-progress, and finished goods that a.

Why do companies use debt instead of equity?

Advantages of Debt Financing. 1. Preserve company ownership . The main reason that companies choose to finance through debt rather than equity is to preserve company ownership. In equity financing, such as selling common and preferred shares, the investor retains an equity position in the business.

What is debt financing?

Debt financing is when a company raises money by taking out a loan and then repays that loan over time with interest. This is also known as borrowing on credit.7 min read

How does equity financing work?

When you receive money through equity financing, you are giving up a small piece of your company to an investor. This means that they may have a say in the operations of the company and will look for a future return on their investment.

What is EDC loan?

The Economic Development Commission (EDC) is a branch of the U.S. Department of Commerce. They give loans to small businesses that show they will be able to provide more jobs in economically disadvantaged regions. In order to qualify for an EDC loan, you need to meet several conditions.

What is trade credit?

Trade credit is when a supplier lets a small business delay their payment on some of the products or services it buys from the supplier. Payment terms will differ between the suppliers. Another type of debt financing is when a factoring company helps small businesses to free up cash.

What is the SBA program?

A lot of these programs are offered by the U.S. Small Business Administration (SBA) and involve debt financing.

Which is better for business: banks or credit unions?

Banks are also a private source of debt financing. Large commercial banks will often have more experience in making business loans than small savings banks. Credit unions can also be a good source for business loans. Credit unions are there to assist members of a group, like employees of a company or members of a labor union. They will usually give more favorable terms than banks.

How to qualify for a business loan guaranteed?

In order to qualify for this type of loan guaranteed, a business owner needs to first have been turned down for a loan from regular banks and investors. They also need to show good character and an ability to run a successful business and repay loans.

What is banking and debt finance law?

Banking and debt finance is a broad practice area, so most law firms divide it into smaller practice groups such as Acquisition Finance, Leveraged Finance, Leasing Finance and Asset Finance.

Why study banking and debt finance law?

Studying this area of law will not only allow you to progress in the field, it will also give you life long financial skills.

What does a banking and debt finance lawyer do?

While there are common themes, there are also clear differences in the work of banking and debt lawyers depending on the sub-practice area.

How to get into banking and debt finance law?

Apart from educational qualifications, it takes a certain kind of person to become a banking and debt finance lawyer. As the areas of law involved are varied and subject to rapid change, a genuine interest in finance and keeping up to date is a prerequisite.

What skills do you need to be a banking and debt finance lawyer?

In all sub-practice areas of Banking and Debt Finance, strong numeracy skills are essential. An excellent understanding of economics and finance is a plus for a trainee, but a necessity for a mid-level or senior associate.

Gaining banking and debt finance law work experiences

Gaining work experience at a local non-profit or legal charity is the perfect way to get a taste for banking and debt finance law. Our Employability Service also offers support with this during your studies. The experience of working with real clients on a placement is invaluable.

Guide to banking and debt finance law

The following student guides have useful information on working in Banking and Debt Finance: LawCareers.net, Chambers and Partners Student Guide and Target Law.

What are your law firm’s financing options?

Cash savings, retirement funds, and home equity loans are some ways you can financially support your law firm using personal finances.

What are the benefits of law firm financing?

Your accountant or Certified Public Accountant (CPA) friend will tell you law firm financing has the power to improve your firm’s cash flow. They’re right—the benefits of law firm financing are significant, partly because this financing structure is uniquely tailored for lawyers and attorneys.

What are the pros and cons of revenue based financing?

What are the pros of revenue-based financing? It’s often faster than other law firm financing options. Also, some revenue-based financing firms will allow you to pay based on monthly cash flows.

Why are private equity firms good?

Pros: Private equity firms can help you assess all areas of your business. Of course, this can also be a con (see below). Additionally, private equity firms have vested interests because they have investors to pay back. Ultimately, these private equity firms will want the best for your firm in terms of revenue generation. You can also often secure much more financing from private equity firms than other institutions.

How does revenue based financing work?

Revenue-based financing allows firms to raise capital by pledging a percentage of future revenues in exchange for money invested. Law firms give a portion of earned revenue to investors at a pre-established percentage until the firm pays part of the original investment back.

What is an unsecured line of credit?

Like a small business loan, an unsecured line of credit gives a law firm access to money to address any business expense. In comparison, small business loans require law firms to put a lump-sum payment into the account when opening. Then, law firms need to provide monthly payments to the small business loan account. With lines of credit, firms need not necessarily provide monthly payments.

How long does it take to get approved for a business acquisition loan?

You can also get approved fast–sometimes in as little as 24 hours.

What is debt financing?

Debt financing is borrowing money from an outside source and promising to pay it back in regular installments, plus interest, over time.

What do lenders want from a business loan?

Conditions. Lenders want to see that there is a market for the business and a clear purpose for the loan . You can demonstrate this with local, regional, and national economic data, a sound marketing plan, industry knowledge, and your experience running a business.

What are the two options for financing a small business?

If you need outside funding to launch or grow your small business, you generally have two options: debt financing or equity financing.

What happens if you stop paying your loan?

Collateral is a secondary source of repayment for a loan. If you stop paying your loan for any reason, the lender can recover what you owe by taking collateral, such as equipment, vehicles, or inventory.

What is the capital of a business?

Capital. The cash you invest into starting the business is your capital. Investing your own capital shows the lenders that you are serious about the business. Unfortunately, most lenders won't finance 100% of a business's startup costs.

Is debt repayment predictable?

Debt payments are predictable. As long as you borrow money for your small business with a fixed-rate loan, you'll enjoy a predictable repayment schedule.

Can a lender claim future profits?

Your lender won't have a claim on future profits. Your sole obligation to the lender is to repay the loan with interest. Once you repay the loan in full, the lender has no other claim to future business profits, unlike investors who expect to continue sharing in the business's success.

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How Debt Financing Works

  • When a company needs money, there are three ways to obtain financing: sell equity, take on debt, or use some hybrid of the two. Equity represents an ownership stake in the company. It gives the shareholder a claim on future earnings, but it does not need to be paid back. If the company goe…
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Special Considerations

  • Cost of Debt
    A firm's capital structure is made up of equity and debt. The cost of equity is the dividend payments to shareholders, and the cost of debt is the interest payment to bondholders. When a company issues debt, not only does it promise to repay the principal amount, it also promises t…
  • Measuring Debt Financing
    One metric used to measure and compare how much of a company's capital is being financed with debt financing is the debt-to-equity ratio (D/E). For example, if total debt is $2 billion, and total stockholders' equity is $10 billion, the D/E ratio is $2 billion / $10 billion = 1/5, or 20%. This mean…
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Debt Financing vs. Interest Rates

  • Some investors in debt are only interested in principal protection, while others want a return in the form of interest. The rate of interest is determined by market rates and the creditworthiness of the borrower. Higher rates of interest imply a greater chance of default and, therefore, carry a higher level of risk. Higher interest rates help to compensate the borrower for the increased risk. In add…
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Debt Financing vs. Equity Financing

  • The main difference between debt and equity financing is that equity financing provides extra working capital with no repayment obligation. Debt financing must be repaid, but the company does not have to give up a portion of ownership in order to receive funds. Most companies use a combination of debt and equity financing. Companies choose debt or equity financing, or both, d…
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Advantages and Disadvantages of Debt Financing

  • One advantage of debt financing is that it allows a business to leveragea small amount of money into a much larger sum, enabling more rapid growth than might otherwise be possible. Another advantage is that the payments on the debt are generally tax-deductible. Additionally, the company does not have to give up any ownership control, as is the case with equity financing. B…
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Debt Financing FAQs

  • What Are Examples of Debt Financing?
    Debt financing includes bank loans; loans from family and friends; government-backed loans, such as SBA loans; lines of credit; credit cards; mortgages; and equipment loans.
  • What Are the Types of Debt Financing?
    Debt financing can be in the form of installment loans, revolving loans, and cash flow loans. Installment loans have set repayment terms and monthly payments. The loan amount is received as a lump sum payment upfront. These loans can be secured or unsecured. Revolving loans pro…
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The Bottom Line

  • Most companies will need some form of debt financing. Additional funds allow companies to invest in the resources they need in order to grow. Small and new businesses, especially, need access to capitalto buy equipment, machinery, supplies, inventory, and real estate. The main concern with debt financing is that the borrower must be sure that they have sufficient cash flo…
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Debt Financing Options

  • 1. Bank loan
    A common form of debt financing is a bank loan. Banks will often assess the individual financial situation of each company and offer loan sizes and interest rates accordingly.
  • 2. Bond issues
    Another form of debt financing is bond issues. A traditional bond certificate includes a principal value, a term by which repayment must be completed, and an interest rate. Individuals or entities that purchase the bond then become creditors by loaning money to the business.
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Debt Financing Over The Short-Term

  • Businesses use short-term debt financing to fund their working capital for day-to-day operations. It can include paying wages, buying inventory, or costs incurred for supplies and maintenance. The scheduled repayment for the loans is usually within a year. A common type of short-term financing is a line of credit, which is secured with collateral. It is typically used with businesses s…
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Debt Financing Over The Long-Term

  • Businesses seek long-term debt financing to purchase assets, such as buildings, equipment, and machinery. The assets that will be purchased are usually also used to secure the loan as collateral. The scheduled repayment for the loans is usually up to 10 years, with fixed interest rates and predictable monthly payments.
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Advantages of Debt Financing

  • 1. Preserve company ownership
    The main reason that companies choose to finance through debt rather than equity is to preserve company ownership. In equity financing, such as selling common and preferred shares, the investor retains an equity position in the business. The investor then gains shareholder voting ri…
  • 2. Tax-deductible interest payments
    Another benefit of debt financing is that the interest paid is tax-deductible. It decreases the company’s tax obligations. Furthermore, the principal paymentand interest expense are fixed and known, assuming the loan is paid back at a constant rate. It allows for accurate forecasting, whi…
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Disadvantages of Debt Financing

  • 1. The need for regular income
    The repayment of debt can become a struggle for some business owners. They need to ensure the business generates enough income to pay for regular installments of principal and interest. Many lending institutions also require assets of the business to be posted as collateral for the lo…
  • 2. Adverse impact on credit ratings
    If borrowers lack a solid plan to pay back their debt, they face the consequences. Late or skipped payments will negatively affect their credit ratings, making it more difficult to borrow money in the future.
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Additional Resources

  • CFI is the official provider of the Commercial Banking & Credit Analyst (CBCA)®certification program, designed to transform anyone into a world-class financial analyst. In order to help you become a world-class financial analyst and advance your career to your fullest potential, these additional resources will be very helpful: 1. Leverage Ratios 2. Debt Restructuring 3. Quality of C…
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