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Memorandum Of Charge
"I need a Memorandum of Charge to secure a business loan of NZD 2 million from ABC Bank Limited, with the security being over all present and future assets of my manufacturing company, expected to be signed by March 2025."
1. Parties: Identifies the Chargor (party granting the security interest) and the Chargee (party receiving the security interest), including full legal names and addresses
2. Background: Sets out the context of the charge, including reference to any underlying obligations or agreements
3. Definitions: Defines key terms used throughout the document, including 'Secured Property', 'Secured Obligations', and 'Security Interest'
4. Grant of Charge: The operative clause where the Chargor grants the security interest to the Chargee over the Secured Property
5. Secured Obligations: Describes the obligations being secured by the charge, including any monetary amounts and payment terms
6. Representations and Warranties: Chargor's confirmations regarding ownership, authority to grant security, and status of the Secured Property
7. Covenants: Chargor's ongoing obligations regarding the Secured Property, including maintenance, insurance, and restrictions on dealing
8. Events of Default: Lists circumstances that constitute default under the charge
9. Enforcement: Sets out the Chargee's rights and powers upon default, including power of sale
10. General Provisions: Standard clauses covering notices, amendments, governing law, and execution requirements
1. Future Property: Section dealing with security over after-acquired property - include when the charge extends to property acquired after the date of the charge
2. Priority Arrangements: Include when there are multiple security interests over the same property and their priority needs to be established
3. Special Enforcement Rights: Include when specific enforcement mechanisms beyond standard rights are required
4. Receiver Appointment: Include when the Chargee has the right to appoint a receiver over the Secured Property
5. Third Party Rights: Include when third parties have rights or obligations under the charge
6. Registration Provisions: Include specific provisions about registration on the PPSR or other registers when required
1. Schedule 1 - Secured Property: Detailed description of all property subject to the charge, including serial numbers, locations, and other identifying details
2. Schedule 2 - Secured Obligations: Detailed description of all obligations secured by the charge, including reference to underlying agreements
3. Schedule 3 - Existing Security Interests: List of any existing security interests affecting the Secured Property
4. Schedule 4 - Special Terms: Any special terms or conditions applying to specific items of Secured Property
5. Appendix A - Form of Notice: Standard form of any notices required under the charge
6. Appendix B - Registration Details: Details required for registration of the charge on relevant registers
Authors
Act
Charged Property
Charge
Chargee
Chargor
Collateral
Companies Act
Default
Default Rate
Enforcement Event
Excluded Property
Financial Indebtedness
Future Property
Group
Guarantor
Insolvency Event
Land
Liabilities
Permitted Security Interest
PPSA
PPSR
Proceeds
Receiver
Related Company
Secured Obligations
Secured Property
Security Interest
Security Period
Special Terms
Subsidiary
Transaction Documents
Working Day
Secured Obligations
Representations and Warranties
Covenants
Negative Pledge
Further Assurance
Events of Default
Enforcement
Power of Attorney
Priority
Assignment and Transfer
Registration
Insurance
Notices
Costs and Expenses
Indemnity
Severability
Governing Law
Jurisdiction
Amendments
Counterparts
Entire Agreement
Confidentiality
Third Party Rights
Set-off
Remedies and Waivers
Duration and Release
Permitted Dealings
Banking and Financial Services
Commercial Real Estate
Manufacturing
Retail
Agriculture
Construction
Mining and Resources
Technology
Healthcare
Transport and Logistics
Professional Services
Legal
Finance
Risk Management
Compliance
Credit
Corporate Secretariat
Treasury
Commercial
Legal Counsel
Finance Manager
Credit Manager
Risk Manager
Commercial Manager
Chief Financial Officer
Corporate Lawyer
Banking Lawyer
Security Trustee
Compliance Officer
Finance Director
Corporate Secretary
Banking Relationship Manager
Credit Analyst
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