Commercial Lawyers for Commercial Finance Brokers
Credit licensing and ACL questions, aggregator and lender agreements, guarantee and security documents, PPSR registrations, trail book sales and referral arrangements.
Know what you need? Request a fixed-fee quote and upload your documents. Not sure of scope? Book a short call with a senior lawyer instead.
Who we help
Commercial and asset finance brokers operate across a mix of regulated and unregulated lending. Whether a transaction is caught by the credit legislation depends on the borrower and the purpose, and getting that wrong is a licensing problem rather than a paperwork problem.
Envision Legal advises finance broking businesses on ACL and credit representative arrangements, aggregator agreements and trail ownership, lender and referral agreements, client engagement and fee disclosure documents, guarantee and security documentation, PPSR registrations, and the sale or purchase of a trail book or broking business.
We also act for borrower clients that brokers refer to us for independent advice on guarantees, security and loan documents. We do not arrange finance, so the client relationship stays with the broker.
How we help
Legal services we provide
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Credit licensing and representative arrangements
ACL applications and variations, credit representative agreements and whether a proposed transaction is regulated at all.
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Aggregator agreements and trail ownership
Review and negotiation of aggregator terms, including who owns the trail book on exit and what happens to clawbacks.
Lender and referral agreements
Introducer, referral and lender panel agreements drafted with commission disclosure and conflict rules in mind.
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Client engagement and fee documents
Credit guides, engagement terms and brokerage fee agreements with clear scope and fee-recovery wording.
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Guarantees and security documents
Personal guarantee, director guarantee and general security deed reviews for clients who need independent advice.
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PPSR registrations
Registration strategy, correcting defective registrations and searches on asset finance transactions.
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Selling a trail book or broking business
Trail book and business sale agreements, clawback allocation, aggregator consents and restraints.
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Employment and restraints
Broker and support staff contracts with confidentiality and non-solicitation terms.
Common legal issues
Situations we are usually brought in on
“A deal looks commercial but the borrower is an individual buying a mixed-use asset.”
Whether the NCCP regime applies turns on purpose and borrower type. A short advice on the perimeter avoids an unlicensed credit activity problem.
“You want to leave your aggregator and take the trail with you.”
That depends entirely on the aggregator agreement — ownership, assignment consent, clawback liability and post-termination trail are the operative clauses.
“A client's guarantee is being called on.”
Independent advice on the guarantee, the security and the enforcement path is exactly the kind of work brokers refer to us.
“A referral partner wants a share of brokerage.”
The arrangement needs documenting with disclosure and, where credit is regulated, licensing obligations in view.
“You are buying a retiring broker's book.”
Consents, clawback history, client consent and restraint terms determine whether the multiple is defensible.
Documents we can help with
- Credit guide and client engagement terms
- Brokerage fee agreement
- Aggregator agreement and deed of assignment
- Lender panel, introducer and referral agreements
- Credit representative agreement
- Personal and director guarantees
- General security deed and PPSR registrations
- Trail book or business sale agreement
- Employment contracts with restraints
When to involve a commercial lawyer
- Before signing or exiting an aggregator agreement
- When a transaction may cross into regulated credit
- Before a client signs a guarantee or general security deed
- At heads of agreement stage on a trail book purchase or sale
- When establishing a paid referral arrangement
- Before applying for or varying an ACL
Why Envision Legal
Commercial context, not just legal risk
- Senior commercial lawyers do the work — you deal directly with the person advising you, not a rotating cast of juniors.
- Our lawyers have worked inside businesses as well as in law firms, so advice is framed around the commercial decision, not just the legal risk.
- Fixed fees for scoped work, agreed before we start, so legal spend is predictable.
- Plain-English drafting and advice that your team and your customers can actually use.
- A technology-enabled service model — secure document upload, client portal and fast turnaround — without the overhead of a large firm.
- Ongoing support is available through fractional general counsel arrangements when a business needs more than one-off documents.
FAQs
- Do we need an Australian Credit Licence for commercial lending?
- Not always. The NCCP regime turns on the borrower and the purpose of the credit. Pure business-purpose lending to a company is generally outside it, but mixed-purpose and individual borrowers need care.
- Who owns the trail book?
- The aggregator agreement decides. Some grant the broker ownership with assignment rights, others retain it or impose conditions on exit. It should be checked before you sign, not when you leave.
- Can you give independent advice to our clients on guarantees?
- Yes, and it is common. We advise the guarantor, provide any certificate the lender requires, and keep you informed with the client's consent.
- Can brokerage be shared with a referrer?
- Often yes, with disclosure and, where regulated credit is involved, licensing considerations addressed in the documentation.
- How are fees quoted?
- Fixed fee in writing before work starts.
Related industries
Talk to us
Need legal support for your finance broking business?
Send us a note about what you're working on. We'll respond within one business day and, if we're a fit, book a free 15-minute consultation with a senior lawyer.