Auto Loan Security Agreement for India

Auto Loan Security Agreement Template for India

This document is a comprehensive security agreement used in India for vehicle financing, establishing the terms and conditions under which a lender provides an auto loan while taking security interest in the financed vehicle. It complies with Indian banking regulations, including RBI guidelines, and incorporates provisions from key legislation such as the SARFAESI Act and Motor Vehicles Act. The agreement details loan terms, hypothecation rights, borrower obligations, default consequences, and enforcement mechanisms, ensuring proper security creation and protection of the lender's interests while maintaining transparency for borrowers.

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What is a Auto Loan Security Agreement?

The Auto Loan Security Agreement is a crucial document in Indian vehicle financing transactions, used when a financial institution provides funding for vehicle purchase while maintaining security interest in the vehicle. This agreement, governed by Indian law and regulatory framework, establishes the legal relationship between the lender and borrower, detailing the loan terms, security creation through hypothecation, borrower's obligations, and lender's enforcement rights. It ensures compliance with RBI guidelines, SARFAESI Act, and Motor Vehicles Act while protecting both lender's security interest and borrower's rights. The document is essential for both retail and commercial auto financing, incorporating necessary provisions for vehicle maintenance, insurance, default scenarios, and recovery procedures.

What sections should be included in a Auto Loan Security Agreement?

1. Parties: Identifies the lender (financial institution) and borrower with complete details including registration/incorporation details for the lender and personal/business details for the borrower

2. Background: Outlines the context of the loan application, purpose, and the agreement to create a security interest in the vehicle

3. Definitions: Defines key terms used throughout the agreement including Loan, Security Interest, Event of Default, etc.

4. Loan Details: Specifies loan amount, interest rate, tenure, EMI details, and repayment schedule

5. Security Interest Creation: Creates and defines the security interest in the vehicle, including hypothecation details

6. Borrower Representations and Warranties: Borrower's confirmations regarding their ability to enter into the agreement, vehicle ownership, and absence of other encumbrances

7. Borrower Covenants: Ongoing obligations including vehicle maintenance, insurance, usage restrictions, and notification requirements

8. Events of Default: Lists circumstances constituting default and their consequences

9. Rights and Remedies: Lender's rights upon default, including repossession and sale rights under SARFAESI Act

10. Insurance: Requirements for comprehensive insurance coverage and assignment of insurance benefits

11. Notices: Process and addresses for serving notices between parties

12. Governing Law and Jurisdiction: Specifies Indian law as governing law and sets jurisdiction for disputes

13. Execution: Signature blocks and execution formalities

What sections are optional to include in a Auto Loan Security Agreement?

1. Guarantor Provisions: Required when a guarantor is providing additional security for the loan

2. Electronic Communication: Include when parties agree to accept electronic notices and communications

3. Pre-payment Terms: Details of pre-payment options and penalties, if applicable

4. Co-borrower Provisions: Required when there are multiple borrowers for the same vehicle

5. Assignment: Include when the lender wants right to assign the loan to another institution

6. Force Majeure: Include for protection against unforeseen circumstances affecting loan repayment

What schedules should be included in a Auto Loan Security Agreement?

1. Schedule 1 - Vehicle Details: Detailed description of the vehicle including make, model, registration number, chassis number, and engine number

2. Schedule 2 - Loan Repayment Schedule: Detailed EMI schedule with payment dates and breakdown of principal and interest

3. Schedule 3 - Fee Schedule: Details of processing fees, late payment charges, and other applicable fees

4. Schedule 4 - Insurance Requirements: Specific insurance requirements including type of coverage and minimum amount

5. Appendix A - KYC Documents: List of identity and address proof documents provided by the borrower

6. Appendix B - Vehicle Documents: Copies of registration certificate, insurance policy, and other vehicle-related documents

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

India

Publisher

Genie AI

Document Type

Security Agreement

Cost

Free to use
Relevant legal definitions
Relevant Industries

Banking & Financial Services

Automotive

Insurance

Consumer Finance

Transportation

Fleet Management

Retail Banking

Commercial Banking

Relevant Teams

Legal

Credit

Risk Management

Compliance

Operations

Collections

Documentation

Customer Service

Underwriting

Auto Finance

Branch Operations

Relevant Roles

Credit Manager

Loan Officer

Legal Counsel

Compliance Officer

Risk Manager

Auto Finance Specialist

Collections Manager

Relationship Manager

Credit Analyst

Documentation Specialist

Branch Manager

Operations Manager

Vehicle Finance Manager

Underwriting 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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