Tacking further advances to existing security

The following Banking & Finance practice note provides comprehensive and up to date legal information covering:

  • Tacking further advances to existing security
  • What is meant by 'tacking further advances'?
  • Priorities where security is granted before loan is made in full
  • What is the position where the first secured creditor is obliged to advance more monies?
  • Tacking further advances—security over land
  • Tacking further advances—registered land
  • In most cases the prior chargee must be the 'proprietor of a registered charge'
  • Further advance made when the registered proprietor has no notice of any subsequent charge
  • Further advance made when the registered proprietor is obliged to make further advances
  • Further advance made when the registered proprietor and the debtor have agreed a maximum amount of security
  • More...

Tacking further advances to existing security

Creating effective security is the first step in improving a creditor's position. Once that is done, it is then necessary to ensure that the security will take priority over competing security interests in the same asset.

The rules governing priority of security interests generally are discussed in Practice Note: Priority between security interests.

There are additional potential pitfalls relating to priority which a secured creditor needs to be aware of if it intends to make further advances to the borrower under a loan agreement. In commercial transactions, this is very common in the context of term loan facilities which permit multiple draw downs and revolving credit facilities (see Practice Note: Overdrafts, term loans and revolving credit facilities).

This Practice Note looks at what is meant by 'tacking', before looking in detail at the relevant rules and the impact on priority. It also looks at practical steps that can be taken to protect the priority position of a creditor who may wish or be contractually obliged to make further advances under the facility documentation.

What is meant by 'tacking further advances'?

'Tacking further advances' refers to the process by which a secured creditor may attempt to add a further advance to an initial advance without creating new security for the further advance while retaining its position in the order of priorities for the total amount

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