Commercial Finance2022-04-01T13:04:42+00:00

Commercial Finance

Commercial finance is the term given to a large range of business finance products that offer short or long-term funding for a business.

Commercial finance may be required where the obstacle to growth is cash and external cash is required in order for the business to grow to the next level.

There are numerous different commercial finance options but some of the options that may require the need for a Solicitor are bridging finance and business loans; invoice factoring and invoice discounting; asset-based lending and commercial mortgages.

If you need commercial finance that requires a Solicitor’s advice or input then you will need a Solicitor who has experience in commercial finance and is able to move quickly to help you to draw down the funding. Attwells can help you.

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Attwells Solicitors support with commercial property finance, SIPP and commercial mortgages in Suffolk, Essex & London

Commercial Mortgages

Commercial mortgages, or owner-occupier Business Mortgages, are for individuals and companies purchasing or re-mortgaging a property to be used as their own business premises.

Renting commercial premises is not the right fit for everyone. Sometimes a business wants the security and certainty of owning its own premises, or property may come on the market that is just too good to pass up.

If you do purchase premises for your business, it is likely to be one of the bigger investments your company is going to make and not all businesses will have/want to use spare cash in the business to purchase the property outright. This is where Commercial Mortgages can help.

Whatever your motivation for purchasing commercial premises for use in your business, make sure that you have the right professional team around you.

Lending criteria on commercial premises are often more stringent than for residential premises and may come as a surprise, in particular to first-time commercial borrowers. The paperwork and criteria can seem insurmountable. This is why you need an experienced lawyer in your corner who has dealt with the process many times before.

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SIPP Pension Investment

SIPP is a self-invested personal pension platform that can hold commercial property.

A SIPP can buy UK non-residential property including offices, industrial, shops, restaurants, gyms, development land, care homes, and sports stadiums.

A SIPP cannot buy overseas property, residential property, or plant and machinery.

Choosing to invest in commercial property using a SIPP enables you to benefit from tax relief on your SIPP contributions, exemption from CGT when the property is sold and exemption from income tax on rental payments. SIPPs are also generally outside the investor’s estate for IHT purposes.

Many people also transfer commercial property held in the business to a SIPP so as to improve cash flow in the business by moving the capital asset into the pension in return for cash but continuing occupation for the business by way of a lease. The rent should also be deductible from the trading profits of the tenant business.

In the event of insolvency, a SIPP will generally be outside the reach of a trustee in bankruptcy.

A typical SIPP structure will involve a purchase in the SIPP followed by a lease to the business and possibly some mortgage funding.

A SIPP can borrow money from banks but pension legislation means that the SIPP borrowing is limited to 50% of the SIPP’s fund value.

Some SIPP providers also enable shared ownership of commercial property with the trading company or investor.

Attwells Solicitors are specialists in acting for all of the country’s leading SIPP providers. Attwells’ commercial property team buy, sell, mortgage and lease commercial properties for clients involving SIPPs.

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Nick Attwell
Nick AttwellManaging Partner & Head of Commercial Law
I am the founder of Attwells Solicitors and Senior Partner. I have a Master of Laws from Cambridge University and am a published academic author. I worked in the city at one of the largest international law firms before forming Attwells.

I am an alumni of the Goldman Sachs 10KSB fastest growing businesses programme.

I share my time between Attwells’ three offices in Ipswich, Colchester and London.

I am a commercial lawyer with a particular expertise around commercial property and land development. My clients range from local SMEs to larger national clients and FTSE 250 companies.

Clients value my strategic thinking, ability to explain complex legal principles in plain English and energetic approach to their matters.

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