Agreement General Form With Collateral In Virginia

State:
Multi-State
Control #:
US-00037DR
Format:
Word; 
Rich Text
Instant download

Description

A factor is a person who sells goods for a commission. A factor takes possession of goods of another and usually sells them in his/her own name. A factor differs from a broker in that a broker normally doesn't take possession of the goods. A factor may be a financier who lends money in return for an assignment of accounts receivable (A/R) or other security.

Many times factoring is used when a manufacturing company has a large A/R on the books that would represent the entire profits for the company for the year. That particular A/R might not get paid prior to year end from a client that has no money. That means the manufacturing company will have no profit for the year unless they can figure out a way to collect the A/R.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Security agreements grant a creditor a security interest in the debtor's property, ensuring the creditor's repayment in case the debtor defaults. The Uniform Commercial Code (UCC) is a comprehensive set of laws governing commercial transactions, including secured transactions.

The security agreement must: be signed (or authenticated) by the debtor and the owner of the property, contain a description of the collateral and. make it clear that a security interest is intended.

A security interest in a certificated security—or any uncertificated security, for that matter—can be perfected by the proper filing of a UCC-1 financing statement. Alternatively, a secured party can perfect an interest in a certificated security by control of the certificate.

Recording a security agreement—filing / registering it with the state—does a number of things for both parties involved. It becomes important if the secured property (which we discussed above) has multiple people creditors going after it.

Ing to UCC Section 9-504, a financ- ing statement “sufficiently indicates the collateral that it covers” if the financing statement provides (1) a description of the collateral pursuant to UCC Section 9-108, or (2) a generic description of all assets or all personal property of the debtor if the description of ...

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.

UCC Section 9-108(b) provides that a description reasonably identifies collateral by any of the following: specific listing; category; except as otherwise pro- vided in UCC Section 9-108(e), a type of collateral defined in the UCC; quantity; computational or allocational formula or procedure; or, any other method ( ...

(c) Supergeneric description not sufficient. A description of collateral as "all the debtor's assets" or "all the debtor's personal property" or using words of similar import does not reasonably identify the collateral.

More info

This security agreement gives the bank a "Security Interest" in the "Collateral" or "Security Property" (the car). Download a Virginia promissory note template to declare a financial obligation of a borrower who's receiving a loan from a lender.(Effective until July 1, 2025) Contents and form of notification before disposition of collateral; general. This collateral agreement template is what you need to secure an item of value as collateral for monetary debt. A guarantee and collateral agreement is a contract between a lender and a borrower where the borrower guarantees payment or surrenders collateral. Once you sign your life insurance contract and pay your first premiums, complete a collateral assignment form with your insurer. The "collateral" section specifies what assets the borrower offers up for collateral and a description of the terms under which the collateral can be seized. The consideration involved in a collateral contract is essentially a guarantee that both parties will enter and uphold the original contract. A financing statement cannot add collateral that is not described in the underlying security agreement. And identifies the provisions of the Master Form that are being incorporated into the Short Form.

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Agreement General Form With Collateral In Virginia