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Collateral Security Agreement for Switzerland

Collateral Security Agreement Template for Switzerland

A Swiss law-governed Collateral Security Agreement is a legally binding document that establishes and regulates security interests over specific assets provided as collateral for securing obligations. The agreement operates within the framework of Swiss security and property laws, particularly the Swiss Civil Code (ZGB) and Code of Obligations (OR), ensuring compliance with Swiss perfection requirements and enforcement mechanisms. It details the nature of the security interest, the secured obligations, rights and obligations of parties, enforcement procedures, and includes specific provisions required under Swiss law for different types of collateral, whether tangible assets, financial instruments, or receivables.

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What is a Collateral Security Agreement?

The Collateral Security Agreement is a crucial document in secured financing transactions under Swiss law, used whenever a party needs to grant security interests over assets to secure financial or other obligations. It is commonly employed in lending transactions, structured finance, project finance, and general corporate financing arrangements. The agreement must comply with Swiss law requirements regarding creation, perfection, and enforcement of security interests, particularly those set out in the Swiss Civil Code and Code of Obligations. The document typically includes detailed provisions on the nature and scope of the security interest, perfection requirements, maintenance obligations, enforcement mechanisms, and the rights and obligations of all parties involved. Its use is essential in both domestic Swiss transactions and cross-border arrangements where Swiss assets are being provided as security.

What sections should be included in a Collateral Security Agreement?

1. Parties: Identification of the security provider (collateral giver) and the secured party (collateral taker), including full legal names and addresses

2. Background: Context of the security arrangement, reference to underlying obligations or facility agreements, and purpose of the security

3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation

4. Creation and Perfection of Security Interest: Legal provisions establishing the security interest and steps required for perfection under Swiss law

5. Secured Obligations: Description of the obligations being secured, including principal, interest, fees, and other amounts

6. Collateral: Detailed description of the assets being provided as collateral and their location

7. Representations and Warranties: Statements by the security provider regarding ownership, authority, and status of the collateral

8. Covenants: Ongoing obligations of the security provider regarding maintenance and preservation of the collateral

9. Events of Default: Circumstances that trigger enforcement rights

10. Enforcement: Rights and procedures for enforcing the security interest upon default

11. Power of Attorney: Appointment of the secured party as attorney for perfection and enforcement purposes

12. Further Assurance: Obligation to execute additional documents and take further steps if needed

13. Notices: Process and requirements for formal communications between parties

14. Assignment and Transfer: Rules regarding transfer of rights under the agreement

15. Governing Law and Jurisdiction: Confirmation of Swiss law as governing law and jurisdiction for disputes

What sections are optional to include in a Collateral Security Agreement?

1. Control Agreement Provisions: Required when collateral includes bank accounts or intermediated securities requiring control agreements

2. Currency Provisions: Needed for cross-border transactions or when secured obligations are in multiple currencies

3. Insurance: Required when collateral must be insured and insurance proceeds are part of the security

4. Special Perfection Requirements: Needed for specific types of collateral requiring additional perfection steps

5. Third Party Rights: Required when third parties have or may have interests in the collateral

6. Tax Provisions: Needed when tax implications require specific handling or allocation

7. Release Provisions: Detailed procedures for release of security when not using standard release mechanics

What schedules should be included in a Collateral Security Agreement?

1. Schedule of Collateral: Detailed description and identification of all collateral assets

2. Form of Notice: Standard forms for notices to third parties, including account banks or custodians

3. Perfection Requirements: Checklist and forms for required perfection actions

4. Form of Control Agreement: Standard form for account bank or custodian control agreements

5. Powers of Attorney: Forms of powers of attorney required for perfection or enforcement

6. Registration Requirements: Details of any registrations required and relevant forms

7. Form of Release: Standard form for releasing security interests when obligations are satisfied

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Switzerland

Publisher

Ƶ

Document Type

Security Agreement

Cost

Free to use

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