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Security Interest Contract for Saudi Arabia

Security Interest Contract Template for Saudi Arabia

A Security Interest Contract under Saudi Arabian law is a legally binding agreement that creates a security interest over specified assets in favor of a secured party. The document must comply with both the Saudi Commercial Pledge Law and Islamic Sharia principles, making it distinct from conventional security agreements in other jurisdictions. It establishes the secured party's rights over the collateral, registration requirements in the Unified Saudi Commercial Registry, and enforcement mechanisms that align with Saudi legal requirements and Sharia principles. The agreement includes detailed provisions for asset identification, perfection of security, and enforcement rights while ensuring that the financing structure remains Sharia-compliant.

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What is a Security Interest Contract?

The Security Interest Contract is a fundamental document in Saudi Arabian secured financing transactions, used to create and perfect security interests over various types of assets. It is essential for lenders and borrowers engaging in Sharia-compliant financing arrangements in Saudi Arabia. The document must comply with the Commercial Pledge Law of 2018 and other relevant Saudi regulations while adhering to Islamic Sharia principles. This Security Interest Contract typically accompanies main financing agreements and requires registration in the Unified Saudi Commercial Registry. It contains detailed provisions about the secured assets, obligations, enforcement mechanisms, and the rights and responsibilities of all parties involved. The document is particularly important in the context of Saudi Arabia's evolving commercial law framework, which aims to modernize secured lending while maintaining Sharia compliance.

What sections should be included in a Security Interest Contract?

1. Parties: Identification of the Security Provider (Grantor) and Security Taker (Secured Party), including full legal names and registration details

2. Background: Context of the security interest, reference to main facility/credit agreement, and purpose of the security

3. Definitions: Key terms used throughout the agreement, including specific Saudi law terminology and Sharia-compliant concepts

4. Grant of Security Interest: Explicit creation and grant of the security interest over the specified assets

5. Description of Secured Assets: Detailed description of the assets subject to the security interest, including all relevant identifying information

6. Secured Obligations: Description of the obligations being secured, including principal amounts, profit rates (avoiding interest terminology), and other secured amounts

7. Representations and Warranties: Statements by the Security Provider regarding ownership, authority, and status of the secured assets

8. Covenants: Ongoing obligations of the Security Provider regarding maintenance, insurance, and preservation of the secured assets

9. Registration and Perfection: Requirements and procedures for registering the security interest in the Unified Saudi Commercial Registry

10. Events of Default: Circumstances constituting default and triggering enforcement rights

11. Enforcement: Rights and procedures for enforcement in compliance with Saudi law and Sharia principles

12. Governing Law and Jurisdiction: Specification of Saudi law as governing law and jurisdiction of Saudi courts

What sections are optional to include in a Security Interest Contract?

1. Third Party Rights: Required when there are other creditors or right-holders with interests in the secured assets

2. Insurance: Required when the secured assets need specific insurance coverage

3. Special Provisions for Specific Assets: Required when dealing with specific types of assets like intellectual property or accounts receivable

4. Priority Arrangements: Required when there are multiple security interests and priority needs to be established

5. Power of Attorney: Optional provision granting powers to the Secured Party for registration and enforcement

6. Sharia Compliance Declaration: Optional but recommended statement confirming the agreement's compliance with Sharia principles

What schedules should be included in a Security Interest Contract?

1. Schedule 1 - Asset Schedule: Detailed list and description of all secured assets, including identification numbers, locations, and values

2. Schedule 2 - Form of Registration: Template for security interest registration with the Unified Saudi Commercial Registry

3. Schedule 3 - Existing Security Interests: List of any existing security interests or encumbrances over the assets

4. Schedule 4 - Required Authorizations: List of required governmental or third-party authorizations

5. Schedule 5 - Insurance Requirements: Detailed insurance requirements for the secured assets

6. Appendix A - Powers of Attorney: Forms of any required powers of attorney

7. Appendix B - Notice Forms: Template notices for registration, default, and enforcement

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

Saudi Arabia

Publisher

Ƶ

Document Type

Security Agreement

Cost

Free to use
Relevant legal definitions




















































Clauses









































Relevant Industries

Banking & Financial Services

Real Estate & Construction

Manufacturing & Industrial

Energy & Resources

Trading & Commerce

Transportation & Logistics

Technology & Communications

Healthcare & Pharmaceuticals

Agriculture & Food Production

Islamic Finance

Relevant Teams

Legal

Finance

Compliance

Risk Management

Treasury

Corporate Affairs

Islamic Banking

Credit Administration

Commercial Operations

Security Administration

Relevant Roles

Legal Counsel

Finance Director

Chief Financial Officer

Compliance Officer

Risk Manager

Corporate Lawyer

Islamic Finance Specialist

Security Trustee

Commercial Director

Treasury Manager

Credit Manager

Legal Director

Company Secretary

Relationship Manager

Transaction Manager

Industries








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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