info@legalraj.com
website counter
Articles Free Forms Login Register Sitemap

Security Agreement (Drafting)

A security agreement provides a lender a security interest in specified assets or property that is pledged as collateral. The terms and conditions of security agreement are determined at the time of drafted. Security agreements becomes necessaryas lenders needs some security before extending credit. In the event of default by borrower, the pledged collateral can be seized and sold by the lender. Securities provide money to run and fund their operations. The borrowed capital is needed to fund the business.  Apart from creditworthiness and interest payments, some lenders require securities.

Security agreement are important documents drafted between both parties at the time the loan is advanced. Security agreements often contain clauses that outline provisions for the advancement of funds, a repayment schedule, or sometimes insurance requirements. The borrower may also allow the lender to hold collateral till the repayment of loan. Intangible properties can also be securities. Apart from creditworthiness and interest payments, some lenders require securities. Security agreement are important documents drafted between both parties at the time the loan is advanced.Securities provide money to run and fund their operations. The borrowed capital is needed to fund the business.

 

Features of Security Agreement:

 

Security agreement contains following covenants or warranties could include the following:

 

1.Encumbrance:TheSecurity agreement states that if the property to be used as collateral is currently free of outside liens.

 

2.Changes:The Security agreement must provide the situation in which debtor must notify the secured party immediately about changes in address.

 

3.Value of Property:The Security agreement should provide for the debtor to notify the secured party if the property's value decreases or the property is somehow damaged which to be used as security.

 

4.Restriction: The restriction about the secured property should not be wasted or disposed or alienated by the debtor.

 

5. No violation: The property cannot be used in violation of any federal, state, or local laws, or in violation of an associated insurance policy.

 

6.Authentication: the agreement should be authenticated, ideally before a notary or witness (or both).

Documents Required


Passport Photo

Passport photo of all parties.


PAN Card

PAN card of all parties.


Aadhar Card

Aadhar card of all parties.


Utility Bill

Utility bill of Electricity or Telephone.


Address Proof

Valid Address Proof of all the parties.


Licence

Valid Driving Licence of all the parties.


Terms and Conditions

Terms and Conditions between the parties.


Other Documents

Other documents will be intimated through e-mail.

FAQ

A security agreement refers to a document that provides a lender a security interest in a specified asset or property that is pledged as collateral. In the event of default by the borrower, the pledged collateral can be seized by the lender and sold.

Generally, after five years, it becomes invalid and must be renewed every five years. It becomes important to review all the information provided under the agreement regarding the presented items.

According to precedent set by courts held that the loan agreement did not constitute a “security” or a “debenture” and therefore did not form part of the assets defined as “Shares” in the mortgage.

Loans from banks or other institutional lenders are always made using a number of documents, two of which are a promissory and security agreement whereas the promissory note is your written promise to repay the loan. A security agreement is used when collateral is given for the loan.

A security agreement is not used to transfer any interest in real property (land/real estate), only personal property. The document used by lenders to obtain a lien on real property is a mortgage or deed of trust.

The term collateral refers to an asset that a lender accepts as security for a loan. The collateral acts as a security for the lender. That is, if the borrower defaults on their loan payments, the lender can seize the collateral and sell it to recoup some or all of its losses.