Security Sharing Agreement for the United Kingdom

Security Sharing Agreement Template for England and Wales

A Security Sharing Agreement under English and Welsh law is a legal document that establishes the relationship between multiple parties holding security interests over the same assets. It sets out the ranking and priority of their respective security interests, establishes mechanisms for enforcement, and provides for the distribution of proceeds upon enforcement. The agreement is governed by English law principles of security and trust, incorporating requirements under the Law of Property Act 1925 and other relevant legislation.

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What is a Security Sharing Agreement?

A Security Sharing Agreement is essential in transactions where multiple creditors hold security over the same assets. This document, governed by English and Welsh law, establishes the framework for how secured parties will share and enforce their security interests, determining priority rankings and establishing procedures for enforcement and distribution of proceeds. It is commonly used in syndicated lending, project finance, and other complex financing arrangements where multiple creditors need to coordinate their security rights and enforcement actions.

What sections should be included in a Security Sharing Agreement?

1. Parties: Identification and details of all parties to the agreement

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

3. Definitions: Key terms used throughout the agreement

4. Security Interests: Description of shared security interests and assets covered

5. Ranking and Priority: Order of priority between security holders

6. Enforcement Provisions: Rights and procedures for enforcing security

7. Distribution of Proceeds: How proceeds from enforcement will be distributed

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

1. Standstill Provisions: Used when parties agree to temporarily suspend enforcement rights in specific circumstances

2. Voting Rights: Procedures for decision-making between security holders when multiple security holders need coordination mechanisms

3. Cross-Border Provisions: Addressing international security interests when security involves multiple jurisdictions

What schedules should be included in a Security Sharing Agreement?

1. Schedule of Secured Assets: Detailed list of assets subject to security

2. Form of Accession Deed: Template for new parties joining the agreement

3. Existing Security Documents: List of pre-existing security arrangements

4. Distribution Waterfall: Detailed breakdown of proceeds distribution order

5. Notice Requirements: Forms and procedures for required notices

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

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Security Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Law of Property Act 1925: Fundamental legislation governing creation and enforcement of security interests, including rules regarding priorities between different security interests.

Companies Act 2006: Key legislation covering registration requirements for company charges, corporate authority requirements, and filing obligations at Companies House.

Insolvency Act 1986: Legislation governing provisions affecting security enforcement, priority of creditors in insolvency, and anti-deprivation principles.

Financial Collateral Arrangements (No.2) Regulations 2003: Regulations specifically dealing with financial collateral and requirements for perfection of security.

Financial Services and Markets Act 2000: Primary legislation for regulated activities and requirements for regulated entities in financial services.

FCA Regulations: Regulatory framework established by the Financial Conduct Authority for regulated entities and activities.

Data Protection Act 2018: Legislation implementing data protection requirements and UK GDPR obligations, particularly relevant if sharing involves personal data.

Common Law Contract Principles: Foundational legal principles governing contract formation and equitable principles regarding security interests under English law.

Cross-border Legislation: Various international laws and conflict of laws rules applicable when dealing with international parties in security sharing 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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