We recently published a few articles on security interests, and how they can be used to reduce or eliminate a company`s credit risk. I published a brief overview of safety interests last week, and Seth followed with an article outlining ucC`s instructions and how they create safety interests for parties in cases where a mechanical pawning permit is not available. To enjoy the benefits of a UCC pledge and the benefits of being a secured creditor, it is essential to conclude a valid, binding and appropriate security agreement. Since a security agreement is a contract between the parties that regulates the rights and obligations of guarantees, any rules relating to guarantees should be included in the agreement. For example, a creditor may ask the debtor to use the security in a certain way or to refrain from stopping security at a particular location, insuring security, etc. A security contract is a contract between the creditor and the debtor in a secure transaction that governs the rights of each party with respect to secure real estate (security). To establish a valid security interest, certain specific requirements are necessary: 1) it must be signed; 2) it must make it clear that a security interest is being considered and 3) it must contain a sufficient description of persons who are deprived of security. A signature of the debtor and the owner of the guarantee, if the owner is another party, must sign the security agreement for the security contract to be effective. This is obviously important and it is a strict rule. Particular attention should be paid to the fact that the name of the debtor (and, if necessary, the owner) is correct – it is not scandalous that security agreements are cancelled if the debtor`s name is not correct. While this seems obvious, and difficult to obtain wrongly, since the debtor must sign the document, it can be difficult. If the debtor is a capital company or other entity, the actual name may be different from the name under which he trades. Although the substantive requirements are quite strict, the formal requirements are not.
A security agreement should not be a complex legal document, full of sentences that do not make much sense. As long as the content is available, the security agreement is probably valid. While the above three requirements are the information that must be provided for a proper security agreement, they should not constitute the information to be included. An applicant may include a clause expressly stating that a UCC funding statement can be filed with respect to the guarantees described. This clause allows the UCC (sophisticated) pledge right to be submitted without obtaining an additional signature from the debtor. Other information to be included in the document should be compared between information or restrictions that the lender deems necessary or preferable to obtain and the fear that the debtor will find the language too deviant not to agree to grant the general security interest to Sanunden. In practice, the creditor has more influence in this situation and, if the language is not too harsh, it should be able to include most of the desired language in the security agreement.