FINRA Subordination Agreements – Understanding the Basics

If you`re a securities broker or financial institution, you may have come across the term “FINRA subordination agreements” in your line of work. Essentially, a FINRA subordination agreement (or “subordination agreement” for short) is a document that outlines the priority of obligations and payments between different parties. These agreements are often used in the context of loans, securities offerings, and other financial transactions.

In this article, we`ll explore the basics of FINRA subordination agreements and how they work.

What are FINRA Subordination Agreements?

FINRA subordination agreements are a type of legal document that establishes the priority of claims or payments in the event of default or liquidation. These agreements are governed by the Financial Industry Regulatory Authority (FINRA), which is a non-governmental organization that regulates broker-dealers and other financial institutions in the United States.

Subordination agreements are typically used in the context of loans or other financial transactions that involve multiple parties. For example, a borrower may obtain financing from multiple lenders, each of whom may have different priorities for repayment in the event of default. A subordination agreement would establish the order in which each lender would be repaid if the borrower were to default on the loan.

How do FINRA Subordination Agreements Work?

FINRA subordination agreements typically involve three parties: the senior lender, the junior lender, and the borrower or issuer. The senior lender is the party with the highest priority for repayment, while the junior lender has a lower priority. The borrower or issuer is the entity that is receiving the financing.

In a subordination agreement, the junior lender agrees to subordinate its claim to the senior lender`s claim in the event of default or liquidation. This means that the senior lender has priority over the junior lender for repayment, and the junior lender would only receive payment after the senior lender has been fully repaid.

For example, suppose a borrower obtains financing from two lenders: Lender A and Lender B. Lender A is the senior lender and has a higher priority for repayment, while Lender B is the junior lender and has a lower priority. The borrower and both lenders would enter into a subordination agreement that establishes the priority of claims in the event of default.

If the borrower were to default on the loan, Lender A would have priority for repayment and would be repaid in full before any payments were made to Lender B. Once Lender A has been fully repaid, any remaining funds would be used to repay Lender B.

Why are FINRA Subordination Agreements Important?

FINRA subordination agreements are important because they help to establish clear priorities for repayment in the event of default or liquidation. By establishing a clear order of priority, these agreements help to minimize the potential for disputes between lenders and borrowers.

In addition, subordination agreements can also help to reduce the cost of borrowing for borrowers. By agreeing to subordinate their claims, junior lenders are taking on a higher level of risk. As a result, they may require a higher rate of return on their investment to compensate for this increased risk. By reducing the risk for junior lenders, subordination agreements may help to reduce the overall cost of borrowing for the borrower.

Conclusion

In summary, FINRA subordination agreements are a type of legal document that establishes the priority of claims or payments in the event of default or liquidation. These agreements are important for establishing clear priorities, reducing the potential for disputes, and potentially reducing the cost of borrowing for borrowers. If you`re involved in financial transactions that involve multiple parties, it`s important to understand the basics of FINRA subordination agreements and how they work.