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Monday, 22 January 2018
Drafting of Credit Documentation

This is another service offered by Bentley Attorneys flowing out of the firmís specialist knowledge of credit law.

Our research into the various credit laws coupled with our vast experience in suing debtors and having to overcome various dilatory defences in litigation and dealing with debtors efforts to hid and alienate assets has meant we have developed and improved our documentation and forms of security over the years.

Some of the credit documentation which we draft includes:

  • Credit applications with standard terms and conditions of trade
  • Suretyship documents
  • Cession of book debts
  • Pledges
  • Acknowledgements of debt
  • Notarial bonds
  • Covering bonds over immovable property
  • Other forms of security

The basis of any sound business relationship between any business extending credit in any form to customers or clients, is a credit application form incorporating standard terms and conditions of trade.
The purpose of this document is as a many faceted but the most important functions are:

  • To enable you to properly assess who your potential client is, before you start trading with them;
  • to incorporate securities, to protect you in the event of your customer defaulting;
  • to set out with certainty your trading terms, payment periods and the consequences of non-payment;
  • to limit your liability in the event of you or your productís failure to perform.

We will implore any business granting credit to use a sound good application form incorporating standard terms and conditions of trade. In addition if your credit application form has not been drafted with the National Credit Act and Consumer Protection Act.

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