Financing statements are sometimes filed prior to the security interest attachment. Creditors often prefer this approach, as it can prevent a lag between attachment and perfection.
A security agreement creates the security interest, making it enforceable between the secured party and the debtor. A UCC-1 financing statement neither creates a security interest nor does it alter its scope; it only gives notice of the security interest to third parties.
The financial statement serves a similar purpose as recording a deed for real property: registering debt with a state so other creditors and the government can track legitimate security interests in property.
A security agreement creates the security interest, making it enforceable between the secured party and the debtor. A UCC-1 financing statement neither creates a security interest nor does it alter its scope; it only gives notice of the security interest to third parties.
Examples of collateral documents are a security agreement, guarantee and collateral agreement, pledge agreement, deposit account control agreement, securities account control agreement, mortgage, and UCC-1s.
Collateral documents include any documents granting a security interest in collateral by the borrower, parent or subsidiary in favor of the lender and all other documents required to be executed or delivered pursuant to those documents. Collateral documents do not include guaranties.
Opens in a new tab. Collateral, Pledge & Security Agreements. Introduction. A Security Agreement, also known as a Collateral Agreement or Pledge Agreement, gives to a lender or other party a security interest in property that a debtor or obligor owns.
The collateral contract is usually made to induce one of the parties to enter into the main contract. For example, if a person is buying a car from a dealer, the dealer may make a collateral contract with the buyer to provide a warranty for the car.
A collateral contract is one where the parties to one contract enter into or promise to enter into another contract. Thus, the two contracts are connected and it may be enforced even though it forms no constructive part of the original contract.
Examples of collateral documents are a security agreement, guarantee and collateral agreement, pledge agreement, deposit account control agreement, securities account control agreement, mortgage, and UCC-1s.