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Property Collateral Agreement for Switzerland

Property Collateral Agreement Template for Switzerland

A Property Collateral Agreement under Swiss law is a legally binding document that creates a security interest over real property in favor of a secured party. The agreement must comply with Swiss Civil Code requirements and land registry regulations, providing a comprehensive framework for the creation, perfection, and enforcement of security interests over real estate. It details the specific property being used as collateral, the secured obligations, the rights and responsibilities of all parties involved, and the enforcement mechanisms available under Swiss law. The document includes mandatory provisions for land registry registration and addresses specific Swiss legal requirements regarding property security interests.

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What is a Property Collateral Agreement?

The Property Collateral Agreement is a crucial document in Swiss secured financing transactions, used when real estate is provided as security for financial or other obligations. This agreement type is commonly utilized in various contexts, including commercial lending, project finance, and real estate development. The document must strictly comply with Swiss Civil Code requirements and land registry regulations, making it distinctly different from similar agreements in other jurisdictions. It includes detailed property descriptions, creation of security interests, registration requirements, and enforcement provisions. The agreement is particularly important in Switzerland's sophisticated real estate financing market, where property collateral arrangements are subject to specific legal requirements and registration formalities. The document serves as a fundamental tool for securing obligations while protecting both the collateral provider's and secured party's interests under Swiss law.

What sections should be included in a Property Collateral Agreement?

1. Parties: Identification of the parties: Collateral Provider, Secured Party, and any other relevant parties

2. Background: Context of the agreement, including reference to the underlying obligation being secured

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of Security Interest: Legal creation and nature of the security interest over the property

5. Property Description: Detailed description of the collateral property and its location

6. Secured Obligations: Description of the obligations being secured by the property

7. Representations and Warranties: Statements by the Collateral Provider about ownership, condition, and status of the property

8. Covenants: Ongoing obligations of the Collateral Provider regarding property maintenance and use

9. Registration and Perfection: Requirements for registering the security interest in the land registry

10. Events of Default: Circumstances constituting default under the agreement

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

12. Costs and Expenses: Allocation of costs related to the agreement and registration

13. Notices: Communication requirements between parties

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

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

1. Insurance Requirements: Specific insurance obligations - include when property insurance is not covered in another agreement

2. Third Party Rights: Include when there are existing tenants or other rights holders

3. Environmental Provisions: Include for industrial properties or where environmental risks exist

4. Construction Provisions: Include when property is under development or construction

5. Multiple Properties: Special provisions for handling multiple properties as collateral

6. Cross-Default: Include when linking defaults to other agreements

7. Foreign Party Provisions: Include when any party is foreign, addressing Lex Koller requirements

What schedules should be included in a Property Collateral Agreement?

1. Property Details Schedule: Detailed legal description, land registry excerpts, and property plans

2. Secured Obligations Schedule: Detailed list of secured obligations and their terms

3. Existing Encumbrances Schedule: List of existing mortgages, easements, or other encumbrances

4. Form of Land Registry Application: Template for land registry registration

5. Insurance Schedule: Details of required insurance coverage

6. Property Valuation Report: Recent valuation of the property by approved valuer

7. Powers of Attorney: Required powers of attorney for registration and enforcement

Authors

Alex Denne

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

Jurisdiction

Switzerland

Publisher

Ƶ

Document Type

Security Agreement

Cost

Free to use
Relevant legal definitions




































Clauses




























Relevant Industries

Banking & Financial Services

Real Estate

Construction & Development

Commercial Property

Industrial & Manufacturing

Hospitality & Tourism

Retail

Agriculture

Healthcare

Energy & Infrastructure

Relevant Teams

Legal

Real Estate

Finance

Risk Management

Compliance

Credit Administration

Corporate Banking

Property Management

Investment

Asset Management

Relevant Roles

Legal Counsel

Real Estate Lawyer

Finance Manager

Credit Risk Officer

Property Manager

Real Estate Development Manager

Compliance Officer

Security Trustee

Mortgage Specialist

Commercial Banking Manager

Real Estate Investment Manager

Asset Manager

Chief Financial Officer

Property Portfolio Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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