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Deed Of Charge And Assignment Template for Ireland

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Key Requirements PROMPT example:

Deed Of Charge And Assignment

"I need a Deed of Charge and Assignment under Irish law for a syndicated facility agreement dated January 15, 2025, where multiple subsidiaries of TechCorp Limited will be charging their intellectual property rights, receivables, and bank accounts in favor of Global Bank plc as security agent."

What is a Deed Of Charge And Assignment?

The Deed of Charge and Assignment is a fundamental security document used in Irish financing transactions where a party (the chargor) grants security over its assets to secure its obligations to another party (the chargee). This document type is commonly used in both corporate and commercial financing arrangements, including term loans, revolving credit facilities, and general banking facilities. It creates security through both fixed and floating charges over assets and assignments of rights, contracts, and receivables. The document must comply with Irish law requirements for the creation and registration of security interests, particularly under the Companies Act 2014 and the Conveyancing Act 1881. It typically requires registration at the Companies Registration Office within 21 days of creation when the chargor is an Irish company. The document is essential in protecting lenders' interests while allowing borrowers to access financing using their assets as security.

What sections should be included in a Deed Of Charge And Assignment?

1. Parties: Identification of the Chargor and Chargee (and any other relevant parties)

2. Background: Context of the security arrangement and reference to any underlying facility or loan agreement

3. Definitions and Interpretation: Definitions of key terms and interpretation provisions

4. Creation of Security: Core charging provisions creating fixed and floating charges over the specified assets

5. Assignment: Provisions dealing with the assignment of receivables, contracts, and other assignable rights

6. Representations and Warranties: Chargor's representations regarding ownership of assets, capacity to grant security, etc.

7. Covenants: Positive and negative obligations of the Chargor regarding the charged assets

8. Further Assurance: Obligation to execute further documents and take additional steps to perfect security

9. Power of Attorney: Appointment of the Chargee as attorney to perfect or enforce security

10. Enforcement: Rights and remedies of the Chargee upon enforcement, including power of sale

11. Receiver: Provisions regarding appointment and powers of receivers

12. Continuing Security: Confirmation that security is continuing until discharged

13. Discharge: Provisions regarding release and discharge of security

14. Notices: Requirements for giving notices under the deed

15. Miscellaneous: Standard boilerplate provisions including severability, amendments, etc.

16. Governing Law and Jurisdiction: Confirmation of Irish law as governing law and submission to Irish courts

What sections are optional to include in a Deed Of Charge And Assignment?

1. Intercreditor Provisions: Required when there are multiple secured creditors to establish priority and enforcement rights

2. Insurance: Detailed provisions regarding insurance of charged assets, required when specific insurance arrangements are needed

3. Bank Accounts: Specific provisions for charged bank accounts, required when bank accounts form part of the security

4. Intellectual Property: Specific provisions for charged IP rights, required when IP forms part of the security

5. Real Property: Specific provisions for charged real estate, required when real property forms part of the security

6. Share Security: Specific provisions for charged shares, required when company shares form part of the security

7. Data Protection: Required when personal data processing is involved in the security arrangement

8. Currency Provisions: Required when dealing with multiple currencies or currency conversion rights

What schedules should be included in a Deed Of Charge And Assignment?

1. Schedule 1 - Secured Assets: Detailed description of all assets subject to the charge and assignment

2. Schedule 2 - Secured Obligations: Definition and description of the secured liabilities

3. Schedule 3 - Form of Notice and Acknowledgment: Standard forms for notifying third parties of the assignment

4. Schedule 4 - Properties: Details of any real property included in the security (if applicable)

5. Schedule 5 - Bank Accounts: Details of charged bank accounts (if applicable)

6. Schedule 6 - Intellectual Property: Details of charged intellectual property rights (if applicable)

7. Schedule 7 - Material Contracts: List and details of assigned contracts (if applicable)

8. Schedule 8 - Shares and Securities: Details of charged shares and securities (if applicable)

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

Relevant legal definitions




















































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Relevant Industries

Banking and Financial Services

Real Estate and Property

Manufacturing

Technology and Software

Construction

Energy and Utilities

Healthcare

Retail

Telecommunications

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Hospitality and Tourism

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Secretarial

Credit

Commercial

Property Management

Asset Management

Operations

Banking

Relevant Roles

Chief Financial Officer

Finance Director

Corporate Lawyer

Legal Counsel

Treasury Manager

Company Secretary

Risk Manager

Credit Manager

Commercial Director

Banking Relationship Manager

Security Trustee

Compliance Officer

Financial Controller

Corporate Finance Manager

Asset Manager

Property 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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