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The Collateral Agreement (Real Estate) is a crucial document in Swiss secured financing transactions, used when real estate property serves as security for financial obligations. This agreement is commonly utilized in banking and real estate transactions throughout Switzerland, where strict legal requirements govern the creation and enforcement of real estate security interests. The document must comply with federal laws, particularly the Swiss Civil Code (ZGB) and cantonal regulations, and requires formal notarization and registration in the land registry to be effective. It typically includes detailed property descriptions, secured obligations, maintenance requirements, and enforcement provisions, making it essential for both commercial and residential property financing arrangements. The agreement's format and content are heavily influenced by Swiss legal requirements and banking practices, particularly regarding mortgage certificates (Schuldbriefe) and other forms of real estate security.

1. Parties: Identification of the parties: Collateral Provider/Property Owner and Secured Party/Creditor, including full legal names and addresses

2. Background: Context of the agreement, reference to the underlying credit relationship, and purpose of the security

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the real estate property serving as collateral, including land registry details

5. Creation of Security Interest: Terms establishing the security interest, type of security (e.g., mortgage certificate), and registration requirements

6. Secured Obligations: Description of the obligations secured by the collateral, including maximum secured amount

7. Representations and Warranties: Collateral provider's confirmations regarding ownership, authority, and property condition

8. Obligations of the Collateral Provider: Ongoing obligations regarding property maintenance, insurance, and restrictions on disposal

9. Enforcement: Circumstances and procedures for enforcement of the security interest

10. Costs and Expenses: Allocation of costs related to creation, maintenance, and enforcement of the security

11. Notices: Communication requirements and contact details

12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction