We have taken a snap shot (1st September 2014) of all the commercial mortgage charges lodged with companies house to find out who is lending, what kind of loans they issuing and what does the data tell you about trustworthyness of creditors.
Mortgagee | Number of charges registered |
---|---|
NATIONAL WESTMINSTER BANK PLC | 164,740 |
BARCLAYS BANK PLC | 150,744 |
HSBC BANK PLC | 94,017 |
LLOYDS TSB BANK PLC | 81,739 |
THE ROYAL BANK OF SCOTLAND PLC | 77,968 |
MIDLAND BANK PLC | 38,585 |
LLOYDS BANK PLC | 35,166 |
THE GOVERNOR AND COMPANY OF THE BANK OF SCOTLAND | 35,056 |
SVENSKA HANDELSBANKEN AB (PUBL) | 17,496 |
CLYDESDALE BANK PLC | 17,271 |
THE TRUSTEE, LLOYD'S, THE AGENT, ALL POLICY HOLDERS AND CERTAIN OTHER PERSONS OR BODIES | 15,111 |
CLYDESDALE BANK PUBLIC LIMITED COMPANY | 13,979 |
AIB GROUP (UK) PLC | 12,920 |
LLOYDS TSB COMMERCIAL FINANCE LIMITED | 12,241 |
NATIONWIDE BUILDING SOCIETY | 10,931 |
BANK OF SCOTLAND PLC | 10,211 |
CAPITAL HOME LOANS LIMITED | 8,745 |
THE GOVERNOR AND COMPANY OF THE BANK OF IRELAND | 8,710 |
PARAGON MORTGAGES LIMITED | 8,704 |
YORKSHIRE BANK PLC | 7,904 |
So the first thing to note is that there are some bank brands in there that don't exist anymore such as Midland Bank. Commercial mortgages are no different to residential mortgages and may have a term of 20+ years. The mortgage hasn't stopped simply because Midland ceased to exist as a brand! The Midland brand was phased out in 1999 and is now part of HSBC. We can remove the Lloyds entry where are multiple parties are involved in the charge. There are also some companies in there traditionally associated with residential mortgages. This may be because of a Buy-to-let portfolio through a limited company. We also need to clean-up some entries eg Bank of Scotland where The Governor and Company of the Bank of Scotland became Bank of Scotland plc on 17 September 2007. In 1995 Lloyds bank merged with the Trustee Savings Bank and traded as Lloyds TSB Bank plc between 1999 and 2013 so we'll merge those entries. We will however treat LLOYDS TSB COMMERCIAL FINANCE LIMITED as a separate entity. National Westminster Bank is a trading name. It is part of the Royal Bank of Scotland so is not a PLC in it's own right anymore. As it trades independently under that brand, we will still include it in the results in it's own right.
OK. Here's a cleaned up table:
Bank | Number of charges (loans) | % of market |
---|---|---|
NATIONAL WESTMINSTER BANK PLC | 164,740 | 20.41% |
BARCLAYS BANK PLC | 150,744 | 18.68% |
HSBC BANK PLC | 132,602 | 16.43% |
LLOYDS BANK PLC | 116,905 | 14.48% |
THE ROYAL BANK OF SCOTLAND PLC | 77,968 | 9.66% |
BANK OF SCOTLAND PLC | 45,267 | 5.61% |
CLYDESDALE BANK PLC | 31,250 | 3.87% |
SVENSKA HANDELSBANKEN AB (PUBL) | 17,496 | 2.17% |
AIB GROUP (UK) PLC | 12,920 | 1.60% |
LLOYDS TSB COMMERCIAL FINANCE LIMITED | 12,241 | 1.52% |
NATIONWIDE BUILDING SOCIETY | 10,931 | 1.35% |
CAPITAL HOME LOANS LIMITED | 8,745 | 1.08% |
THE GOVERNOR AND COMPANY OF THE BANK OF IRELAND | 8,710 | 1.08% |
PARAGON MORTGAGES LIMITED | 8,704 | 1.08% |
YORKSHIRE BANK PLC | 7,904 | 0.98% |
This is a classic Pareto example. The top 4 companies account for 70% of the mortgage charges!
Right let's start drilling down into the data. Commercial charges and loans can seem a complex and bewildering area to the outsider. Debentures, fixed charges, floating charges.....the terminology is very different to buying a house where it's a mortgage. For loans, we are used to the idea of secured or unsecured loans. The statistics above predominantly relate to secured loans. In order for an entry to be lodged with Companies House, a charge is created which means there's an entry recording the company as a creditor and that usually means it's secured.
So let's consider a mortgage on your home. The bank may own your home in reality but you have use of it in return you pay them interest on the outstanding debt. Your mortgage company has a charge on the property and it will be recorded at the Land Registy. In business exactly the same can happen when you buy an office, warehouse etc with a commercial mortgage and the bank lodges a charge on it which is recorded against the company and against the property. This kind of property is fixed in the same place. However your business might be a trucking company, an airline or something similar where the assets you want are expensive but also very moveable. These would be fixed charges against a thing of value so an aircraft can effectively be mortgaged. This would be recorded as a fixed charge.
Now if your business is shifting things, you may have lot of money tied up in stock. It's possible to get a commercial loan secured against your stock. Now if you're business is doing well then your stock is constantly being sold so the specific items in your stock are constantly changing. If the loan was secured against the stock, it won't be the exact same stock over time - the specific stock will be changing. Just like a mortgaged house that you're living in, you have use of the stock. If you default on your loan then the bank owns your stock. Say you were an oil company, the bank might secure the loan against the oil in an oil storage facility. The market price for oil fluctates so the bank will hedge this in your loan - on other words the interest rate will be higher than for an asset such as property. These types of loans are called floating charges since the specific assets which the loan is secured against, are "floating". If the loan was secured against the stock, it won't be the exact same stock over time - the specific stock will be changing. Just like a mortgaged house that you're living in, you have use of the stock. If you default on your loan then the bank owns your stock. Say you were an oil company, the bank might secure the loan against the oil in an oil storage facility. The market price for oil fluctates so the bank will hedge this in your loan - on other words the interest rate will be higher than for an asset such as property. These types of loans are call floating charges since the specific assets which the loan is secured against, are "floating".
So how are all these registered charges at companies house split?
The next table shows all the different type of charges lodged with Companies House. This includes charges from a wide range of creditors - not just banks. We'll start simplifying it later - it does however show the mind boggling array of ways available to create liquidity.
LEGAL CHARGE | 279256 |
DEBENTURE | 272307 |
LEGAL MORTGAGE | 98383 |
MORTGAGE | 64384 |
STANDARD SECURITY | 44766 |
RENT DEPOSIT DEED | 43911 |
MORTGAGE DEBENTURE | 31012 |
MORTGAGE OR CHARGE | 25084 |
FLOATING CHARGE | 24074 |
MORTGAGE DEED | 18511 |
ALL ASSETS DEBENTURE | 15824 |
BOND & FLOATING CHARGE | 15232 |
CHARGE | 14704 |
FIXED AND FLOATING CHARGE | 14480 |
GUARANTEE & DEBENTURE | 13150 |
DEED OF CHARGE | 8657 |
CHARGE OF DEPOSIT | 5733 |
DEBENTURE DEED | 5423 |
DEED OF CHARGE OVER CREDIT BALANCES | 5054 |
SINGLE DEBENTURE | 4827 |
CHATTEL MORTGAGE | 3654 |
AN OMNIBUS GUARANTEE AND SET-OFF AGREEMENT | 3254 |
DEED OF ASSIGNMENT | 3175 |
SECURITY AGREEMENT | 2963 |
THIRD PARTY LEGAL CHARGE | 2757 |
FIXED CHARGE ON PURCHASED DEBTS WHICH FAIL TO VEST | 2463 |
DEED OF LEGAL MORTGAGE | 2417 |
GUARANTEE AND DEBENTURE | 2356 |
FIXED & FLOATING CHARGE | 2343 |
COMPOSITE GUARANTEE AND DEBENTURE | 2242 |
LEGAL AND GENERAL CHARGE | 2050 |
LEGAL ASSIGNMENT | 1957 |
DEPOSIT AGREEMENT TO SECURE OWN LIABILITIES | 1871 |
SOLICITORS LETTER OF UNDERTAKING | 1777 |
CHATTELS MORTGAGE | 1705 |
CHARGE OVER CREDIT BALANCES | 1704 |
DEED OF LEGAL CHARGE | 1691 |
SUPPLEMENTAL DEED | 1639 |
ASSIGNMENT | 1630 |
CHARGE DEED | 1578 |
RENT SECURITY DEPOSIT DEED | 1489 |
FLOATING CHARGE (ALL ASSETS) | 1339 |
DEPOSIT AGREEMENT | 1271 |
SECURITY ASSIGNMENT | 1269 |
DEED OF RENTAL ASSIGNMENT | 1266 |
FIXED CHARGE ON NON-VESTING DEBTS AND FLOATING CHARGE | 1246 |
CHARGE AND DEED OF ASSIGNMENT | 1226 |
DEED OF DEPOSIT | 1209 |
CHARGE OVER SHARES | 1207 |
FIXED CHARGE | 1119 |
DEED OF RENT DEPOSIT | 1093 |
LEASE | 1055 |
LEGAL CHARGE OF LICENSED PREMISES | 1044 |
DEED OF ADMISSION TO AN OMNIBUS GUARANTEE AND SET-OFF AGREEMENT | 1038 |
AIRCRAFT MORTGAGE | 1017 |
ASSIGNMENT OF RENTAL INCOME | 992 |
SUPPLEMENTAL DEBENTURE | 970 |
RENT DEPOSIT AGREEMENT | 968 |
SHARE CHARGE | 926 |
DEED | 918 |
DEED OF COVENANT | 898 |
MEMORANDUM OF DEPOSIT | 885 |
FURTHER CHARGE | 883 |
DEED OF SECURITY ASSIGNMENT AND CHARGE | 879 |
DEPOSIT DEED | 878 |
LEGAL MORTGAGE (OWN ACCOUNT) | 855 |
LEGAL CHARGE OVER LICENSED PREMISES | 806 |
FIXED AND FLOATING SECURITY DOCUMENT | 787 |
TRUST DEED | 773 |
LLOYD'S PREMIUM TRUST DEED (GENERAL BUSINESS) | 773 |
MARINE MORTGAGE | 766 |
ASSIGNATION OF RENTS | 757 |
SUPPLEMENTAL LEGAL CHARGE | 741 |
COMPOSITE DEBENTURE | 739 |
AGREEMENT | 731 |
DEED OF RENTAL DEPOSIT | 679 |
DEED OF ACCESSION | 662 |
DEED OF ASSIGNMENT OF RENTAL INCOME | 661 |
ASSIGNATION IN SECURITY | 587 |
MEMO OF DEPOSIT | 580 |
OMNIBUS GUARANTEE AND SET-OFF AGREEMENT | 574 |
SECURITY DEED | 555 |
LLOYDS PREMIUM TRUST DEED (GENERAL BUSINESS) (THE TRUST DEED) | 547 |
SECOND LEGAL CHARGE | 537 |
SUB-CHARGE | 537 |
SUPPLEMENTAL CHATTEL MORTGAGE | 528 |
Pareto is at work here as well. Legal Charges and Debentures form over 50% of the registered charges.
Some of these are not really commercial loans or mortgages. For example a Rent Depsit Deed is a way for the landlord to make sure he gets paid if the company goes into administration. Similarly many Debentures are ways for creditors such as company Directors to be repaid any loans they have made to the company in the event of the company going into administration.
Standard Security is the method used in Scotland for creating a charge against a fixed asset. 41,841 out of the 44,766 Standard Security charges are against Scottish companies - the rest are companies from elsewhere in the British Isles that presumably have assets in Scotland.
Nat West bank had the largest number of registered charges, so here's the breakdown for Nat West.
LEGAL CHARGE | 49761 |
DEBENTURE | 43038 |
LEGAL MORTGAGE | 28137 |
MORTGAGE DEBENTURE | 20198 |
CHARGE OF DEPOSIT | 4064 |
CHARGE OVER CREDIT BALANCES | 1484 |
MORTGAGE | 1150 |
THIRD PARTY LEGAL CHARGE | 1038 |
LEGAL CHARGE OF LICENSED PREMISES | 750 |
LEGAL CHARGE OVER LICENSED PREMISES | 624 |
CHARGE | 444 |
STANDARD SECURITY | 406 |
FLOATING CHARGE | 191 |
SUB-CHARGE | 183 |
BOND & FLOATING CHARGE | 123 |
CHARGE OF AGREEMENT FOR LEASE | 115 |
CHARGE OVER BOOK DEBTS | 100 |
CONFIRMATORY CHARGE | 93 |
ASSIGNMENT OF LIFE POLICY | 90 |
SUB-MORTGAGE | 90 |
MEMORANDUM OF DEPOSIT | 89 |
CHARGE OVER CONTRACT | 67 |
DEED OF COVENANT | 64 |
CHARGE OF SECURITIES (UK) | 60 |
MEMO OF DEPOSIT | 56 |
CHATTEL MORTGAGE | 55 |
DIRECT AND THIRD PARTY LEGAL CHARGE (TRUSTEE AND BENEFICIARY) | 48 |
THIRD PARTY CHARGE OF DEPOSIT | 43 |
SHIPS MORTGAGE | 42 |
THIRD PARTY CHARGE OF DEBT | 36 |
DIRECT AND THIRD PARTY LEGAL CHARGE | 35 |
MARINE DEED OF COVENANT | 35 |
CHARGE OF SECURITIES | 35 |
LEGAL CHARGE OF LICENCED PREMISES | 28 |
DEED OF CHARGE OVER CREDIT BALANCES | 28 |
DEED OF ASSIGNMENT | 27 |
FIXED CHARGE ON BOOK DEBTS AND OTHER DEBTS | 26 |
SUPPLEMENTAL CHARGE | 22 |
DEED OF COVENANT SUPPLEMENTAL TO THE MORTGAGE | 22 |
SECURITY DEED | 22 |
ASSIGNMENT OF LIFE POLICIES | 22 |
SUB CHARGE | 19 |
STATUTORY SHIP'S MORTGAGE TO SECURE AN ACCOUNT CURRENT | 18 |
CHARGE OF BUILDING LICENCE | 18 |
THIRD PARTY CHARGE | 18 |
KEYMAN INSURANCE ASSIGNMENT | 17 |
DEED OF CHARGE | 17 |
MORTGAGE DEED | 17 |
DEBENTURE | 17 |
GUARANTEE & DEBENTURE | 16 |
SUB MORTGAGE DEED | 15 |
SUB-CHARGE OF A MORTGAGE | 14 |
SUPPLEMENTAL DEBENTURE | 13 |
THIRD PARTY LEGAL CHARGE OF LICENSED PREMISES | 13 |
DEED OF DEBENTURE | 13 |
CHARGE OVER A BUILDING AGREEMENT | 13 |
ASSIGNMENT | 12 |
CHARGE OVER DEPOSIT | 12 |
CHARGE AND ASSIGNMENT BY WAY OF SECURITY | 12 |
CHARGE OVER ACCOUNTS | 12 |
FLOATING CHARGE | 12 |
RENT DEPOSIT DEED | 11 |
MEMO. OF DEPOSIT | 11 |
CHARGE OVER CREDIT BALANCES. | 11 |
CHARGE OF EQUIPMENT AND LEASES/HP AGREEMENTS | 11 |
FIXED AND FLOATING CHARGE | 11 |
STATUTORY SHIP'S MORTGAGE | 10 |
COMPOSITE GUARANTEE AND MORTGAGE DEBENTURE | 10 |
CHARGE | 10 |
SECURITY AGREEMENT | 9 |
CHARGE ON DEPOSIT | 9 |
CHARGE LEGAL CHARGE | 9 |
COMPOSITE GUARANTEE AND DEBENTURE | 9 |
DEED OF VARIATION SUPPLEMENTAL TO A LEGAL MORTGAGE | 9 |
SUPPLEMENTAL DEED OF FIXED CHARGE | 9 |
MORTGAGE OR CHARGE | 8 |
ASSIGNMENT OF RENTAL INCOME | 8 |
CHARGE OF DEBT | 8 |
MORTGAGE TO SECURE AN ACCOUNT CURRENT | 8 |
GUARANTEE AND DEBENTURE | 8 |
LEGAL MORTGAGE & FLOATING CHARGE | 8 |
ASSIGNMENT AND CHARGE | 7 |
ASSIGNMENT BY WAY OF SECURITY | 7 |
CHARGE SUPPLEMENTAL TO A MORTGAGE DEBENTURE | 7 |
CHARGE OF AGREEMENT | 7 |
CHARGE OF EQUIPMENT AND LEASES/HP AGREEMENTS SCHEDULE | 7 |
PLEDGE OVER SHARES | 7 |
THIRD PARTY CHARGE OF SECURITIES | 7 |
LEGAL MORTGAGE OF LIFE POLICY | 7 |
DEED OF SUPPLEMENTAL DEBENTURE | 6 |
CHARGE OF BUILDING CONTRACT | 6 |
Beyond the mainstream, you can see that things quickly get esoteric. Loans can be secured against any asset for each money that people owe the company (debtors) - a kind of pay day loan for business !
One of the more mainstream items is a MORTGAGE DEBENTURE. This is a little more dangerous. It's usually a standard mortgage against a fixed asset such as a building but also has a floating charge element against current and future assets. It basically means the bank can take a position against any assets and if it sees the value of security devaluing, call in the adminsitrators to liquidate the company assets. It's best to seek legal advice prior to committing to something like a mortgage debenture.
So if banks have the power to wind up a company, who and how many banks actually do this in practice?
So here's the analysis of winding up petitions raised against UK companies by companies in the financial services sector. We don't have the detail on the reason for each petition raised we simply know who raised the petition (ie which creditor). The petitions analysed are over the period 6th March 1997 - 8th August 2014.
Creditor raising Winding-up Petitions | # Petitions |
---|---|
RBS INVOICE FINANCE LIMITED | 153 |
PREMIUM CREDIT LIMITED | 81 |
CLOSE INVOICE FINANCE LIMITED | 24 |
GO DEBT LIMITED | 21 |
HSBC INVOICE FINANCE (UK) LIMITED | 16 |
ING LEASE (UK) LIMITED | 15 |
UNIVERSAL LEASING LIMITED | 14 |
BARCLAYS BANK PLC | 11 |
BANK OF SCOTLAND PLC | 8 |
BARCLAYS MERCANTILE BUSINESS FINANCE LIMITED | 8 |
FUNDING CIRCLE LTD | 5 |
GOLDCREST FINANCE LIMITED | 5 |
SME INVOICE FINANCE LIMITED | 5 |
INVESTEC ASSET FINANCE PLC | 5 |
KBC LEASE (UK) LIMITED | 5 |
CLOSE BROTHERS LIMITED | 4 |
The first thing to note is how few winding-up petitions there are relative to the number of mortgage charges - it looks like winding up a company is option of last resort. There are plenty of companies here not on the main list which implies they are marginal players. The main lender of Nat West (part of RBS) and RBS are not in this list although their subsidiary RBS Invoice Finance is!
There are several invoice finance companies (invoice factoring) here which implies using debt owed to you by your customers is a higher risk way of funding your business than secured debt.
So are the banks more reluctant to lend? Let's take a look and break down each of the companies month by month over the last 5 years.
Bank | 09-Q1 | 09-Q2 | 09-Q3 | 09-Q4 | 10-Q1 | 10-Q2 | 10-Q3 | 10-Q4 | 11-Q1 | 11-Q2 | 11-Q3 | 11-Q4 | 12-Q1 | 12-Q2 | 12-Q3 | 12-Q4 | 13-Q1 | 13-Q2 | 13-Q3 | 13-Q4 | 14-Q1 | 14-Q2 | 14-Q3 |
National Westminster Bank | 1651 | 2060 | 2011 | 2131 | 2193 | 2269 | 2153 | 1820 | 1596 | 1591 | 1606 | 1498 | 1543 | 1573 | 1479 | 1498 | 1469 | 1510 | 1664 | 1784 | 1962 | 2049 | 822 |
Barclays Bank | 1340 | 1491 | 1495 | 1346 | 1305 | 1462 | 1502 | 1486 | 1592 | 1814 | 2165 | 1992 | 1924 | 1928 | 2153 | 1930 | 1794 | 2419 | 2255 | 2358 | 2147 | 2249 | 879 |
HSBC Bank | 1148 | 1140 | 1272 | 1326 | 1178 | 1242 | 1426 | 1425 | 1413 | 1536 | 1708 | 1797 | 1670 | 1605 | 1622 | 1522 | 1342 | 1587 | 1649 | 1590 | 1431 | 1803 | 648 |
Lloyds Bank | 14 | 2678 | 2962 | 3442 | 1310 | ||||||||||||||||||
Royal Bank of Scotland | 1067 | 1077 | 1078 | 982 | 915 | 958 | 808 | 824 | 691 | 747 | 857 | 850 | 1053 | 1012 | 852 | 1068 | 906 | 1133 | 1168 | 1577 | 1352 | 1461 | 690 |
Bank of Scotland | 309 | 273 | 389 | 361 | 298 | 506 | 311 | 521 | 286 | 388 | 388 | 574 | 386 | 451 | 320 | 404 | 362 | 532 | 379 | 628 | 541 | 326 | 156 |
Clydsedale Bank | 493 | 565 | 549 | 483 | 481 | 500 | 489 | 516 | 557 | 539 | 730 | 683 | 442 | 386 | 329 | 232 | 255 | 246 | 273 | 331 | 272 | 291 | 108 |
SVENSKA HANDELSBANKEN AB | 273 | 322 | 280 | 276 | 293 | 363 | 418 | 467 | 561 | 645 | 784 | 783 | 757 | 681 | 871 | 1010 | 854 | 784 | 888 | 920 | 917 | 962 | 360 |
AIB GROUP (UK) | 195 | 151 | 110 | 179 | 158 | 136 | 82 | 109 | 90 | 82 | 82 | 63 | 80 | 97 | 65 | 102 | 134 | 131 | 168 | 137 | 155 | 184 | 58 |
LLOYDS TSB COMMERCIAL FINANCE LIMITED | 243 | 305 | 383 | 663 | 407 | 401 | 391 | 394 | 429 | 474 | 495 | 495 | 588 | 529 | 580 | 547 | 542 | 607 | 553 | 105 | 1 | 0 | 2 |
Total | 6719 | 7384 | 7567 | 7747 | 7228 | 7837 | 7580 | 7562 | 7215 | 7816 | 8815 | 8735 | 8443 | 8262 | 8271 | 8313 | 7658 | 8949 | 9011 | 12108 | 11740 | 12767 | 5033 |
This shows a different story that the number of mortgage charges lodged has increased over the last 5 years ie There's more lending to businesses. Companies House data is based on outstanding mortgage charges so there is some survivorship bias. That being said loans of this type are usually long term loans and we're looking at a relatively short period of 5 years so the impact should be marginal. Some of the more established players have reduced the number of loans in recent years whilst others are aggressively growing - for example SVENSKA HANDELSBANKEN AB - they havent gone unnoticed and are mentioned in issue 706 page 16 (29th August 2014) of Money Week where they comment about the growing popularity of the Swedish bank and that it has 177 outlets in the UK now and each branch manager is given a lot of autonomy on decision making.
So here's the breakdown for mortgage charges for National Westminster for mortgage charges in 2014 and the size of the company based on the Companies House size classification.
The bulk of the lending is to small business (less than £6.5M turnover). As a large number are showing as no accounts filed, it suggests that these are fledgling companies, so let's look and see the age of these companies.
A surprising percentage of charges relate to small young companies - it looks like National Westminster is open to taking some risks. How does the upstart HANDELSBANKEN compare?
A similar picture for Handelsbanken where there are even stronger lending to small and new companies.
So in conclusion it seems the media is not giving an accurate picture on the availability of mortgages for small business. Lending levels appear to be increasing and lending to small and fledgling businesses doesn't seem to be a problem. There are 1.9M small companies registered with Companies House and 809k have a registered mortgage charge (excluding rent deposits). Presumably the other half don't need to borrow!
TOTAL EXEMPTION SMALL 2601 NO ACCOUNTS FILED 1109 FULL 408 SMALL 202 DORMANT 172 TOTAL EXEMPTION FULL 145 GROUP 135 MEDIUM 67 AUDIT EXEMPTION SUBSIDIARY 3
Age of Company (years) # of charges from Nat West 0 411 1-5 1777 6-10 966 11-20 933 >20 758
TOTAL EXEMPTION SMALL 1445 NO ACCOUNTS FILED 353 SMALL 140 FULL 96 TOTAL EXEMPTION FULL 81 DORMANT 50 GROUP 47 MEDIUM 25 AUDIT EXEMPTION SUBSIDIARY 2