Running a business is not easy. Entrepreneurs managing their businesses in a competitive sphere rely on business financing more often than expected to fulfil funds requirement and meet productivity goals
But how to change collateral for business loans? Replacing collateral for business loans requires planning, understanding of legal requirements, preparing the right paperwork and lender approval. This guide describes the process of changing collateral, the documentation required, and the potential drawbacks of doing so.
Meaning of Business Loan Collateral
Collateral could be understood as a valuable asset provided by the borrower entity to the lender as a promise to repay the business debt. It helps to mitigate lending risk for the banks. On the other hand it helps borrowers in availing funds on better lending terms, like, lower interest rate and flexible repayments. Collateral needs to be effectively managed.
If the borrowing business defaults, the lender may recover the dues by selling off the collateral to recuperate their losses. Additionally, pledging collateral might also prompt lenders to consider lending to businesses with low or no business credit score.
Immoveable properties, machinery, business stock, and intangible assets such as patents or trademarks are certain examples of assets eligible for collateral purposes. Such assets are provided either through pledging (for securities), hypothecation (for movable goods), and mortgages (for real estate) in India.
Reasons For Change in Business Loan Collateral
Collateral substitution, often known as changing the collateral for a business loan, can happen for a number of strategic, financial, or legal reasons. It might result from—
Change in Asset Value-
The lender or the borrower may place a request for change in collateral value if its value rises sharply or depreciates. Such events may necessitate substituting collateral for a more desirable asset fulfilling security requirements.
Loan restructuring–
Restructuring or refinancing a loan might cause changes to the lending terms including type of asset or required asset value. Such events might prompt the borrower to submit more desirable assets to seek business debt on favourable terms.
Changes in lender requirements-
Changes in lender policies or economic instability might lead to lenders demanding new collateral as their risk tolerance.
Better Creditworthiness-
Significant improvement in the financial status of the borrower might lead to relaxation in collateral requirements or even change in assets.
Improper Collateral-
Where original collateral is deemed improper (facing legal disputes, damage, or inadequacy due to regulatory change), the lender may seek new collateral.
Default Risk Management–
Growing risk concerns regarding financial health of the borrower might prompt collateral substitution from the lender to better manage risk.
Changes in Business Structure–
Organizational changes, such as acquisitions, mergers, and restructuring, might involve changes to collateral terms, including the provision of new collateral.

How to change business loan collateral with BankKeeping
Process For Change in Business Loan Collateral
Changing the business loan collateral in India is regulated by the terms of the loan agreement entered between the borrower and lender. Legislations such as the Companies Act 2013, and the Transfer of Property Act 1882 provide guidance regarding collateral related compliances to be followed by borrowers.
Important considerations For Change in Business Loan Collateral
Following should be taken into consideration before initiating the process of change of collateral-
- Terms and Conditions of the loan agreement;
- Internal policy of the lender
- Valuation of the proposed asset
- Repayment track record
- Credit profile of the borrower entity.
Steps Involved In Change in Business Loan Collateral
1. Check Business Loan Agreement
Examine the business loan agreement’s terms and conditions to start the procedure. Go through clauses such as collateral substitution or release, lender’s consent, and extra costs applicable for collateral change.
2. Contact the lender
Borrower businesses who have pledged collateral previously for an outstanding balance and wish to replace the same should contact the lender. Such formal request shall contain all details relating to-
- Reasons for change of collateral
- Details of the new asset
- Copy of ownership proof of asset and its valuation
- Details of business performance.
3. Consideration of request by the lending institution
On receipt of such a request, the lender will review the application along with the supporting documents. It will assess the effectiveness of the new asset through an updated certified valuation report and legal opinion from a licensed professional. Aside from that, it will validate the asset’s ownership and usage rights. If the lender is satisfied with the paperwork, it will proceed with the further documentation process.
4. Execute Documentation and Register the Charge
Finally, the borrower shall need to complete procedures for creation of charge on new assets as collateral. The borrower company shall file an application to create a new charge on new assets to the Registrar of Companies and with Sub-Registrar. Now, the borrower company shall pay related stamp duty and registration fee. Alternatively, the lender will release/discharge the old asset and issue a no dues letter for the collateral.
5. Finalize the Collateral Substitution
Once all the above-mentioned formalities related to documentation and registration are complete, ensure-
- all changes are recorded and acknowledged
- Keep certified copies of release and new charge documents
- Verify that the lender has updated internal records
Once complete, the new asset will now be legally recognized as collateral for outstanding business loan.
List of Documents For Change in Business Loan Collateral
Provided below is a general list of documents required for collateral substitution. This list might differ for every entity due to collateral type(movable/immoveable), lender policies, and the business nature (partnership, company, LLP, etc.).
- Copy of board resolution/authorization letter approving the collateral substitution;
- Copy of loan agreement;
- Business financial documentation for the preceding three years, comprising statement of bank accounts, GST filings, income tax returns, and audited financial records;
- Proposed collateral details along with proof of its legal ownership with the borrower business (Title deed, registration document, or encumbered certificate);
- Most recent valuation assessment (new asset appraisal authorized by a licensed valuer);
- Certificate of Non-Encumbrance (NEC);
- Insurance policy (if relevant for a newly acquired asset);
- PAN registration of the borrower organization and business owner;
- Identity proof of the directors/partners of the borrower entity;
- Certificate of business registration of the borrower;
- Udyam Registration Certificate (if business entity is MSME)
- Proof of address of the borrower entity;
- Copy of Mortgage / Hypothecation Agreement
- Copy of Charge Registration certificate
Potential Drawbacks For Change in Business Loan Collateral
- Risk exposure– Lenders may perceive new collateral as high risk, lesser in value or with insufficient liquidity increasing lending risk for lenders.
- Creditworthiness issues– In case the borrower business has performed poorly, the lender may use it as an excuse to reevaluate borrower credit risk. It may alter lending terms or seek additional collateral.
- May involve additional costs- Changing collateral may involve incurring additional costs for the borrower entity i.e. valuation charges for new asset, legal verification fees, stamp and registration, processing charges etc. Altogether, these costs may overshadow the benefits of collateral substitution.
- Lengthy process- Processes such as due diligence, valuation assessment and registration procedures, etc. may take months to be completed. Borrower entities might feel stuck during the transition due to the inability to sell old assets or utilize new ones. Such delays might also affect cash flows or disrupt business plans in case collateral is critical to operations.
- Documentation or Compliance Errors- Inaccurate or lacking documentation may result in legal issues or request rejection. Documentation issues may also give rise to delays in discharge of old collateral or enforcing new collateral.
- Impact on Loan Terms- In response to the risk exposure of the new collateral, the lending institution may adjust lending terms and conditions. It may decrease loan eligibility for future lending or levy strict covenants or demand extra collateral for security purposes.
- Reputational or Relationship Risk-Poorly executed processes might indicate financial instability on the part of the borrower entity which may harm business relationships. Repeated requests or vague reasoning may undermine lender trust in borrower management practices.
Conclusion
Collateral Substitution for business loans in India offers greater ease and flexibility for businesses functioning in a fiercely competitive environment. Whether as a result of changing market conditions, operational requirements, or asset portfolios, replacing collateral may be an economically prudent choice.
However, the entire procedure demands an emphasis on solid paperwork, valuation, and compliance to the financial institution’s risk and compliance guidelines. Further, the decision to change collateral must be made keeping in consideration its legal, financial and operational consequences. When executed efficiently, collateral substitution as a business strategy can improve loan accessibility, maximize asset use, and foster long-term business growth.
FAQs
Can business collateral be changed?
Yes, Change in Business loan collateral can happen for a number of reasons including, asset revaluation, sale, change in business structure etc. But the same is governed by the agreement entered between the lender and the borrower at the time of the loan disbursal.
Are there any costs involved in changing business loan collateral?
Yes, it may involve additional costs for the borrower due to. valuation charges, legal verification fees, stamp and registration, etc. Sometimes these costs may overshadow the benefits of collateral substitution.
Can changing business loan collateral impact loan terms?
Yes, in response to the risk exposure of the new collateral, the lending institution may adjust lending terms and conditions. These changes may be in the form of: decrease in loan eligibility, levy covenants or demand extra collateral.
Who governs the change in business loan collateral
Changing the business loan collateral in India is regulated by the terms of the loan agreement entered between the borrower and lender. Legislations such as the Companies Act 2013, and the Transfer of Property Act 1882 provide guidance regarding collateral related compliances to be followed by borrowers.
Is it advisable to change business loan collateral?
Yes, it may be beneficial to change the collateral or release a part of the collateral to be able to take more credit on the same collateral. Let’s look at it with an example. X took a loan against land, 5 years ago. The value of the land has doubled in the last 5 years and therefore X is now eligible to take more credit on the same collateral. If X does not undergo a change or release of this land as collateral it will suffer a loss due to lower availability of credit that can be availed on this land.
What is the process for changing collateral in India?
The general process involves:
- Reviewing the loan agreement for clauses on collateral substitution
- Submitting a formal request to the lender
- Providing supporting documents and asset valuation reports
- Lender assessment and approval
- Executing legal documentation and registering the new charge with relevant authorities
- Receiving confirmation of the updated collateral record
Is professional assistance necessary for change of business loan collateral?
Though not necessary, consulting a professional may be advisable. Especially in cases where the bank may be reluctant to change a collateral or grant more credit on the same collateral. BankKeeping is India’s only loan management software for the borrowers. It helps SMEs manage their loans effectively reducing the overall cost of borrowing. Contact us for free demo on how to get better credit, reduce collateral requirements or even detect unfair bank charges.