The Chattel Security Agreement is a crucial document in Pakistani secured lending practice, used when a borrower offers movable property as collateral for a loan or financial obligation. This agreement is particularly important in commercial financing where traditional real estate security may not be available or appropriate. The document must comply with Pakistani law, specifically the Financial Institutions (Secured Transactions) Act, 2016, the Contract Act, 1872, and related legislation. It includes detailed descriptions of the collateral, the security interest being created, representations about ownership and condition of the chattels, maintenance obligations, default provisions, and enforcement mechanisms. The agreement is commonly used in business financing, equipment leasing, inventory financing, and similar transactions where movable assets serve as security.
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1. Parties: Identification of the secured party (creditor) and the grantor (debtor), including their full legal names, addresses, and registration details if applicable
2. Background: Context of the security agreement, reference to any underlying loan or credit agreement, and purpose of the security arrangement
3. Definitions: Definitions of key terms used throughout the agreement, including 'Collateral', 'Security Interest', 'Event of Default', and other relevant terms
4. Grant of Security Interest: Express creation and grant of the security interest in the collateral
5. Description of Collateral: Detailed description of the chattels being offered as security, including identification numbers, locations, and distinguishing features
6. Representations and Warranties: Grantor's declarations regarding ownership, condition, and status of the collateral
7. Covenants: Ongoing obligations of the grantor regarding maintenance, insurance, use, and preservation of the collateral
8. Registration and Perfection: Provisions regarding the registration of the security interest and maintaining perfection
9. Events of Default: Circumstances constituting default under the agreement
10. Enforcement Rights: Secured party's rights and remedies upon default, including seizing and selling the collateral
11. Notices: Process and requirements for giving notices under the agreement
12. Governing Law and Jurisdiction: Specification of Pakistani law as governing law and choice of jurisdiction for disputes
1. Further Assurance: Additional commitments to execute documents or perform actions to perfect the security interest - include when dealing with complex collateral or cross-border elements
2. Power of Attorney: Appointment of the secured party as attorney to perfect or enforce the security interest - include when stronger enforcement rights are required
3. Insurance: Detailed insurance requirements for the collateral - include when the collateral is of high value or subject to specific risks
4. Priority Arrangements: Provisions dealing with priority of the security interest - include when there are or may be multiple security interests
5. Assignment and Transfer: Rights to assign or transfer the security interest - include when the secured party may need to transfer its rights
6. Costs and Expenses: Allocation of costs related to creation, registration, and enforcement - include when significant costs are anticipated
1. Schedule 1 - Collateral Description: Detailed inventory and description of all chattels subject to the security interest
2. Schedule 2 - Permitted Locations: List of locations where the collateral may be kept or used
3. Schedule 3 - Form of Notice: Standard form of notices to be used under the agreement
4. Schedule 4 - Existing Security Interests: List of any pre-existing security interests affecting the collateral
5. Schedule 5 - Insurance Requirements: Detailed insurance specifications and requirements
6. Appendix A - Registration Requirements: Checklist and forms for registering the security interest
7. Appendix B - Enforcement Procedures: Detailed procedures for enforcement and sale of collateral
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