IP Audit (for Lending)

An encumbrance over intellectual property is any existing charge, security interest, licence or other third-party claim that burdens an IP asset and limits the owner's freedom to deal with it. Running an encumbrance intellectual property search is a standard part of a lender's due diligence, because a prior charge held by another creditor would rank ahead of the new lender and could leave it with little or no recovery on default.

Collateral suitability is a lender's assessment of whether an asset can serve as dependable security for a loan, judged by how readily and reliably its value could be realised if the borrower defaulted. For intangible assets, collateral suitability is not a single number but a considered judgement formed by weighing three lender tests together — separability (can the asset be sold or licensed apart from the business), saleability (how readily it would find a buyer on default), and legal strength (whether title is clean and enforceable) — and applying that judgement to a conservative, orderly-disposal value.

Freedom to operate, in a lending context, is the assurance that a borrower can commercialise the intellectual property it is pledging as security without infringing the rights of a third party. For a lender, freedom to operate lending analysis matters because collateral value depends not only on the borrower owning clean title to an asset but on that asset being lawfully exploitable - IP that generates cash today can be worthless tomorrow if a competitor's prior patent blocks its use or forces a costly redesign.

A collateral audit is an independent examination that tests whether the assets a borrower pledges as security genuinely exist, are properly owned, and can be realised for the value claimed. It underpins asset-based lending, where the amount a borrower can draw depends on the reliability of reported collateral.

Collateral ineligibles are items a lender excludes from the borrowing base because they fail its eligibility criteria, so they generate no borrowing availability. In an asset-based facility, availability is calculated by applying an advance rate to eligible collateral, then deducting collateral ineligibles and any reserves.

A field examination is a lender's on-site verification of a borrower's collateral and reported financial figures, carried out before funding and periodically through the life of an asset-based facility. Field examination lending practice exists because availability in an asset-based facility depends on the accuracy of the numbers a borrower reports, and a lender will not simply take those figures on trust.

IP-backed insurance is a policy that guarantees a portion of the value or realisable proceeds of intellectual property used as loan collateral, allowing lenders to advance more against it than they otherwise would. By transferring some of the loss-given-default risk to an insurer, IP-backed insurance improves the credit profile of an otherwise illiquid, hard-to-realise asset, and this is why insurance-wrapped facilities can support materially higher loan-to-value ratios than unwrapped ones.

Non-dilutive funding is capital raised without giving away equity or ownership, so existing shareholders retain their full stake in the business. For growth companies whose main balance-sheet value sits in intangibles, IP-backed lending is a route to non-dilutive funding: the business borrows against the appraised value of its patents, trade marks and other rights rather than selling shares.

IP Finance in the UK: How to Borrow Against Intangible Assets in 2026

How IP-backed lending works in the UK — which assets qualify, valuation methods banks accept, typical loan terms, and how to prepare your application for IP finance.

What evidence do lenders want for IP collateral?

Lenders want clean, unencumbered legal title with a documented chain of title, an independent IP audit and valuation, proof the rights are in force, and encumbrance searches at Companies House and the UK IPO.

How do lenders check IP ownership and title?

Lenders verify IP ownership through an independent IP audit, checking clean, unencumbered legal title, that rights are in force, and running charge searches at Companies House and the UK IPO before lending.

Which UK banks lend against intellectual property?

NatWest was the first UK high-street bank to lend against IP, via its High Growth IP Loan. HSBC UK and HSBC Innovation Banking also assess IP, alongside specialist insurance-backed lenders.