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Collateral Contract

Collateral Contract Template for Belgium

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Key Requirements PROMPT example:

Collateral Contract

"I need a Belgian law Collateral Contract for financial instruments held by ABC Bank as custodian, where my company (XYZ Capital) is providing listed shares as security for a €5 million loan facility starting March 1, 2025."

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Document background
The Collateral Contract serves as a crucial legal instrument in Belgian financial and commercial transactions, providing security for various types of obligations. This document type is commonly used when parties need to establish security interests over assets such as financial instruments, cash, receivables, or other property under Belgian law. The agreement must comply with the Belgian Civil Code, Financial Collateral Law of 2004, and Pledge Act, among other relevant legislation. It becomes particularly important in financing arrangements, lending transactions, and other commercial dealings where creditors require security for their exposures. The Collateral Contract includes detailed provisions on the nature of the security interest, perfection requirements, enforcement mechanisms, and the rights and obligations of all parties involved, ensuring compliance with Belgian legal requirements while providing adequate protection for the secured party.
Suggested Sections

1. Parties: Identification of the collateral provider, collateral taker, and any other relevant parties

2. Background: Context of the collateral arrangement and reference to any underlying obligations

3. Definitions: Definitions of key terms used throughout the agreement, including specific Belgian law concepts

4. Grant of Security Interest: Legal creation of the security interest over the collateral

5. Description of Secured Obligations: Detailed description of the obligations being secured by the collateral

6. Description of Collateral: Precise identification and description of the assets provided as collateral

7. Perfection Requirements: Steps required to perfect the security interest under Belgian law

8. Representations and Warranties: Standard and collateral-specific representations by the collateral provider

9. Covenants: Ongoing obligations of the collateral provider regarding the collateral

10. Enforcement: Rights and procedures for enforcing the security interest under Belgian law

11. Governing Law and Jurisdiction: Confirmation of Belgian law as governing law and jurisdiction provisions

Optional Sections

1. Custodian Provisions: Required when a third-party custodian holds the collateral assets

2. Control Agreement: Needed for financial instruments or cash held in accounts

3. Margin Requirements: Used when the arrangement includes margin calls or collateral value maintenance

4. Income and Voting Rights: Required for securities collateral to address dividends and voting rights

5. Registration Requirements: Needed when the collateral requires registration in the Belgian Pledge Register

6. Cross-Border Provisions: Required when there are international elements to the collateral arrangement

7. Tax Provisions: Required when there are specific tax implications for the collateral arrangement

Suggested Schedules

1. Schedule 1 - Description of Collateral: Detailed listing and description of all collateral assets

2. Schedule 2 - Secured Obligations: Comprehensive list of secured obligations

3. Schedule 3 - Perfection Requirements: Checklist of required perfection actions

4. Schedule 4 - Forms of Notice: Standard forms for any required notices under Belgian law

5. Schedule 5 - Contact Details: Contact information for all relevant parties

6. Appendix A - Registration Forms: Forms required for any necessary registrations

7. Appendix B - Power of Attorney: Standard form of power of attorney for perfection actions

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Account Bank
Acceleration Event
Business Day
Belgian Pledge Register
Collateral
Collateral Account
Collateral Assets
Collateral Provider
Collateral Taker
Control Agreement
Custodian
Default Interest
Delegate
Disposal
Dispute
Effective Date
Enforcement Event
Enforcement Notice
Event of Default
Financial Collateral Law
Financial Instruments
Insolvency Event
Insolvency Proceedings
Law
Liability
Margin Call
Market Value
Material Adverse Effect
Notification
Parties
Perfection Requirements
Pledge
Pledge Act
Power of Attorney
Proceeds
Registered Office
Registration
Relevant Jurisdiction
Royal Decree
Secured Assets
Secured Obligations
Secured Party
Security Agent
Security Interest
Security Period
Security Provider
Taxes
Transaction Documents
Transfer
Valuation Date
Working Day
Clauses
Grant of Security
Secured Obligations
Collateral Description
Perfection Requirements
Registration
Representations and Warranties
Covenants
Enforcement
Remedies
Control and Possession
Income and Voting Rights
Margin Requirements
Valuation
Payment and Delivery
Custodian Provisions
Further Assurance
Power of Attorney
Tax
Costs and Expenses
Indemnification
Amendments
Assignment and Transfer
Notices
Severability
Entire Agreement
Force Majeure
Confidentiality
Data Protection
Anti-Money Laundering
Governing Law
Jurisdiction
Dispute Resolution
Relevant Industries

Banking

Financial Services

Insurance

Investment Management

Real Estate

Manufacturing

Energy

Infrastructure

Telecommunications

Commercial Lending

Relevant Teams

Legal

Finance

Risk Management

Compliance

Treasury

Credit

Corporate Finance

Securities

Operations

Transaction Management

Relevant Roles

Legal Counsel

Finance Director

Risk Manager

Compliance Officer

Treasury Manager

Credit Manager

Security Trustee

Collateral Manager

Transaction Manager

Chief Financial Officer

Legal Director

Corporate Lawyer

Banking Lawyer

Finance Manager

Industries
Belgian Civil Code (Code Civil/Burgerlijk Wetboek): Provides the fundamental principles of contract law, including formation, validity, interpretation, and performance of contracts
Belgian Financial Collateral Law of 15 December 2004: Implements EU Directive 2002/47/EC on financial collateral arrangements and regulates the creation, perfection, and enforcement of financial collateral
Belgian Pledge Act of 11 July 2013: Governs the creation and enforcement of security interests in movable assets, including the Belgian pledge register
Belgian Mortgage Law of 16 December 1851: Regulates security interests in immovable property and their registration requirements
Belgian Book XX of the Code of Economic Law: Contains provisions on insolvency proceedings which may affect the enforcement of collateral rights
EU Directive 2002/47/EC: European framework for financial collateral arrangements, as implemented in Belgian law
Belgian Anti-Money Laundering Law of 18 September 2017: Contains due diligence requirements that may apply when establishing collateral arrangements
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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