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Security Agreement
I need a security agreement to secure a loan with personal property as collateral, ensuring that the lender has a legal claim to the assets in case of default. The agreement should include detailed descriptions of the collateral, the obligations of the borrower, and the rights of the lender, with provisions for default and enforcement.
What is a Security Agreement?
A Security Agreement creates legal rights over someone's property or assets to guarantee they'll repay a loan or fulfill other obligations. It's a crucial document in Australian lending, giving lenders a claim to specific collateral if borrowers default on their payments.
Under the Personal Property Securities Act 2009, these agreements must be properly documented and registered on the PPSR to protect the lender's interests. Common examples include banks taking security over business equipment, or suppliers maintaining rights over goods sold on credit terms. The agreement spells out exactly which assets serve as collateral and what happens if payment obligations aren't met.
When should you use a Security Agreement?
Consider using a Security Agreement any time you're lending substantial money or extending significant credit in Australia. This document becomes essential when supplying goods on credit terms, financing business equipment, or providing business loans where you need protection beyond a basic promise to pay.
The agreement proves especially valuable for transactions involving high-value assets, ongoing business relationships, or complex payment arrangements. For lenders, it provides clear legal rights under the PPSA framework if the borrower defaults. For borrowers, it often means better loan terms and higher credit limits since the lender has concrete security backing their investment.
What are the different types of Security Agreement?
- General Security Agreement: Covers all present and future assets of a business, offering the broadest security coverage for lenders
- Repurchase Agreement: Used for temporary transfers of securities with a promise to repurchase at a specific price and date
- Reverse Repurchase Agreement: The opposite of a standard repo, where the buyer agrees to sell securities back to the original seller
- Global Master Repurchase Agreement: Standardised international format for complex repo transactions across borders
- Contract Of Sale Of Shares: Specifically designed for securing rights over company shares as collateral
Who should typically use a Security Agreement?
- Banks and Financial Institutions: Primary users of Security Agreements, they draft and enforce these documents when lending money or providing credit facilities
- Business Owners: Sign as borrowers, offering their business assets as security to access funding or credit
- Corporate Lawyers: Draft and review agreements to ensure compliance with the PPSA and protect their clients' interests
- Trade Suppliers: Use these agreements when providing goods on credit terms to secure payment
- Company Directors: Often personally sign as guarantors, particularly in small-to-medium business arrangements
- PPSR Officers: Register and maintain security interests on the Personal Property Securities Register
How do you write a Security Agreement?
- Asset Details: List all property being used as security, including serial numbers, locations, and accurate descriptions
- Party Information: Gather complete legal names, ABNs, and registered addresses of all parties involved
- Loan Terms: Document the exact amount, interest rates, payment schedule, and default conditions
- PPSR Requirements: Check correct collateral classes and timing requirements for registration
- Authorisations: Confirm signing authority and get necessary board approvals or resolutions
- Document Platform: Use our automated system to generate a legally-sound Security Agreement that includes all mandatory elements
- Final Review: Double-check all asset descriptions and party details match supporting documentation
What should be included in a Security Agreement?
- Parties and Identification: Full legal names, ABNs, and addresses of all secured parties and grantors
- Collateral Description: Clear, specific details of secured property meeting PPSA requirements
- Security Interest: Express granting of security interest and rights over the collateral
- Payment Terms: Detailed repayment obligations, interest rates, and default triggers
- Enforcement Rights: Powers and remedies available upon default under Australian law
- PPSR Provisions: Consent for registration and required PPSR details
- Governing Law: Explicit statement naming Australian jurisdiction
- Execution Block: Proper signing sections for all parties with witness requirements
What's the difference between a Security Agreement and a Convertible Agreement?
A Security Agreement differs significantly from a Convertible Agreement in both purpose and structure. While both documents relate to financing arrangements, they serve distinct functions in Australian business transactions.
- Primary Purpose: Security Agreements create a legal claim over specific assets as collateral for a loan, while Convertible Agreements allow debt to transform into equity ownership
- Asset Treatment: Security Agreements maintain ownership with the borrower but give the lender rights over assets; Convertible Agreements don't involve physical collateral but future company shares
- Registration Requirements: Security Agreements must be registered on the PPSR for enforceability; Convertible Agreements don't require PPSR registration
- Enforcement Mechanism: Security Agreements allow asset seizure upon default; Convertible Agreements typically convert to shares based on triggering events
- Risk Profile: Security Agreements offer direct asset-backed protection; Convertible Agreements carry investment-style risks tied to company performance
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