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What is a General Security Agreement? A GSA is a contract signed between two parties, a borrower and a lender. The GSA protects the lender by creating a security interest in all or some of the assets of the borrower. In sum, the GSA outlines the terms and conditions of the loan, and lists the assets used for security.
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.
Recitals describe the transaction broadly, naming the parties, their legal status, and their intent in executing the security agreement.
A Specific Security Agreement (formerly known as Chattel Mortgage) is an equipment financing option that allows businesses to own their equipment upon purchase. BOQ Equipment Finance Limited secures the loan by registering a charge over the goods.
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.
Creating a security agreement Some key provisions in a security agreement include: Describing the collateral as accurately and as detailed as possible, so both the borrower and the lender agree upon the secured property. How to determine whether and when the borrower is in default under the loan.
The securities account control agreement enables the secured party to obtain control over the security entitlement, and therefore the securities account, and so enables its security interest in the securities account to be perfected (UCC § 9-106).
Under the UCC, a pledge agreement is a security agreement. The nature of the pledged assets means that a pledge agreement may contain different representations and warranties and covenants than a security agreement over business assets (for example, voting rights).