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Chattel Security Agreement for the United Kingdom

Chattel Security Agreement Template for England and Wales

A Chattel Security Agreement under English and Welsh law is a legal document that creates a security interest over movable personal property (chattels) in favor of a lender or secured party. It enables the secured party to take possession of or sell the secured assets if the chargor defaults on their obligations. The agreement must comply with the Bills of Sale Acts and related legislation, including registration requirements where applicable.

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What is a Chattel Security Agreement?

A Chattel Security Agreement is used when a party needs to create security over movable personal property to secure their obligations to a lender or other secured party. Under English and Welsh law, these agreements must comply with specific statutory requirements, particularly the Bills of Sale Acts. The agreement details the secured assets, the secured obligations, and the rights and remedies of the secured party. It's commonly used in commercial financing transactions where traditional real estate security is unavailable or insufficient.

What sections should be included in a Chattel Security Agreement?

1. Parties: Identification of secured party and chargor

2. Background: Context of the security arrangement and relationship between the parties

3. Definitions: Key terms used throughout the agreement including defined terms for secured assets

4. Grant of Security: Core security creation provisions and nature of the security interest being created

5. Secured Obligations: Description of obligations being secured and scope of security coverage

6. Representations and Warranties: Chargor's confirmations regarding ownership, condition and status of the secured assets

7. Covenants: Ongoing obligations of the chargor regarding maintenance and use of secured assets

8. Enforcement: Rights and remedies of the secured party upon default

9. Governing Law and Jurisdiction: Choice of English and Welsh law and courts

What sections are optional to include in a Chattel Security Agreement?

1. Further Assurance: Additional security perfection requirements for complex security arrangements

2. Power of Attorney: Appointment of secured party as attorney for additional enforcement powers

3. Assignment and Transfer: Rights to transfer the security interest where transferability is important

4. Consumer Protection Provisions: Additional protections required when the chargor is a consumer

What schedules should be included in a Chattel Security Agreement?

1. Schedule 1 - Secured Assets: Detailed description and identification of chattels subject to security

2. Schedule 2 - Forms of Notice: Standard form notices for third parties regarding the security interest

3. Schedule 3 - Locations: Specified locations where secured assets are kept or maintained

4. Appendix A - Registration Requirements: Specific filing and registration requirements for perfecting the security

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Security Agreement

Cost

Free to use
Relevant legal definitions






























Clauses































Industries

Bills of Sale Acts 1878 and 1882: Primary legislation governing registration and enforcement of security over personal chattels. Note that these acts will be replaced by the Goods Mortgages Act once in force.

Consumer Credit Act 1974: Key legislation applicable when the security agreement involves consumers rather than purely commercial parties.

Financial Services and Markets Act 2000: Relevant legislation particularly when the secured party is a regulated financial institution.

Companies Act 2006: Critical legislation when either party is a company, particularly regarding security registration requirements.

Financial Collateral Arrangements (No.2) Regulations 2003: Regulations applicable when the security involves financial collateral.

Consumer Rights Act 2015: Legislation ensuring fairness of terms, particularly relevant when the agreement involves consumers.

Common Law - Personal Property: Fundamental common law principles governing personal property and chattels.

Equitable Principles: Common law principles regarding security interests and equitable rights.

Registration Requirements: Legal requirements for registration at Companies House (for company chargors) and Bills of Sale registration (for individual chargors).

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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