Georgia Security Agreement in Accounts and Contract Rights

State:
Multi-State
Control #:
US-01730BG
Format:
Word; 
Rich Text
Instant download

Description

A secured transaction is created when a buyer or borrower (debtor) grants a seller or lender (creditor or secured party) a security interest in personal property (collateral). A security interest allows a creditor to repossess and sell the collateral if a debtor fails to pay a secured debt.


A secured transaction involves a sale on credit or lending money where a creditor is unwilling to accept the promise of a debtor to pay an obligation without some sort of collateral. The creditor requires the debtor to secure the obligation with collateral so that if the debtor does not pay as promised, the creditor can take the collateral, sell it, and apply the proceeds against the unpaid obligation of the debtor. A security interest is an interest in personal property or fixtures that secures payment or performance of an obligation. The property that is subject to the security interest is called the collateral. The party holding the security interest is called the secured party.

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  • Preview Security Agreement in Accounts and Contract Rights
  • Preview Security Agreement in Accounts and Contract Rights
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FAQ

However, generally speaking, the primary ways for a secured party to perfect a security interest are: by filing a financing statement with the appropriate public office. by possessing the collateral. by "controlling" the collateral; or. it's done automatically when the security interest attaches.

Automatic Perfection Certain types of collateral are automatically perfected. This means that the secured party does not have to file a financing statement, possess the collateral or exercise control over it to perfect a security interest and have priority over other creditors.

(1) A security interest in chattel paper or negotiable documents may be perfected by filing. A security interest in the right to proceeds of a written letter of credit can be perfected only by the secured party's taking possession of the letter of credit.

A security agreement is a document that provides a lender a security interest in a specified asset or property that is pledged as collateral. Security agreements often contain covenants that outline provisions for the advancement of funds, a repayment schedule, or insurance requirements.

There are four primary ways in which an attached security interest may be perfected ? filing, possession, control and automatic perfection. The most common method of perfecting a security interest is filing a financing statement.

The two methods for perfecting a security interest are: public filing and possession.

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Georgia Security Agreement in Accounts and Contract Rights