The Security Interest Contract is a fundamental document in secured financing transactions under Philippine law, used when a creditor requires security over specific assets to secure a debt or other obligation. This document type became particularly important following the enactment of the Personal Property Security Act (Republic Act No. 11057), which modernized the framework for secured transactions in the Philippines. The contract is essential in various business contexts, from simple bilateral lending arrangements to complex syndicated facilities, and can cover different types of collateral including equipment, inventory, receivables, and other personal property. The document must address specific requirements under Philippine law regarding creation, perfection, priority, and enforcement of security interests, while also considering practical aspects of collateral monitoring and enforcement. It serves as both a security document and a risk management tool, providing detailed provisions for protecting the secured party's interests while ensuring compliance with local legal requirements.
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1. Parties: Identification of the secured party (creditor) and the grantor (debtor), including their complete legal names, addresses, and registration details
2. Background: Context of the security interest arrangement, including the underlying obligation or facility being secured
3. Definitions: Definitions of key terms used throughout the agreement, including specific collateral descriptions and security interest-related terminology
4. Grant of Security Interest: Express creation and grant of the security interest, specifically describing the collateral being charged
5. Secured Obligations: Detailed description of the obligations being secured, including principal, interest, fees, and other amounts
6. Representations and Warranties: Grantor's declarations regarding ownership, authority, and status of the collateral
7. Covenants: Ongoing obligations of the grantor regarding maintenance, insurance, and preservation of the collateral
8. Perfection Requirements: Requirements for registering and perfecting the security interest
9. Events of Default: Circumstances that trigger enforcement rights
10. Enforcement Rights: Rights and remedies of the secured party upon default
11. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction
1. Negative Pledge: Prohibition on creating additional security interests over the same collateral - used when exclusivity is required
2. Insurance Requirements: Detailed insurance obligations - used when collateral requires specific insurance coverage
3. Custody Arrangements: Provisions for possession or control of collateral - used for certain types of collateral like negotiable instruments
4. Third Party Rights: Provisions regarding rights of third parties - used when third party interests may exist
5. Priority Arrangements: Provisions regarding ranking of security interests - used when multiple security interests exist
6. Cross-Default: Provisions linking defaults under other agreements - used in complex financing arrangements
7. Further Assurance: Obligations to execute additional documents - used for complex collateral requiring multiple registrations
1. Schedule of Collateral: Detailed description and identification of all assets subject to the security interest
2. Schedule of Existing Security Interests: List of any pre-existing security interests affecting the collateral
3. Schedule of Perfection Requirements: Specific filing, registration, and notice requirements for different types of collateral
4. Schedule of Insurance Requirements: Detailed insurance specifications for different types of collateral
5. Form of Notice: Template notices for registration or perfection of security interest
6. Form of Additional Security Documents: Templates for additional documents required for specific types of collateral
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Manufacturing
Real Estate
Agriculture
Transportation
Energy
Mining
Technology
Retail
Construction
Import/Export
Relevant Teams
Legal
Finance
Credit Risk
Compliance
Treasury
Operations
Security
Documentation
Corporate Banking
Risk Management
Relevant Roles
Legal Counsel
Corporate Lawyer
Finance Manager
Credit Risk Manager
Loan Officer
Security Trustee
Compliance Officer
Contract Administrator
Treasury Manager
Chief Financial Officer
Legal Director
Banking Operations Manager
Collateral Manager
Risk Assessment Officer
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