Memorandum Of Charge Template for New Zealand

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Key Requirements PROMPT example:

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."

Document background
The Memorandum of Charge is a fundamental security document in New Zealand's commercial and financial landscape, used when a party (the chargor) needs to provide security over their assets to a creditor (the chargee). This document is essential in various financing arrangements, from business loans to asset financing, and must comply with New Zealand's Personal Property Securities Act 1999 and other relevant legislation. It creates a registrable security interest, provides detailed descriptions of the secured property and obligations, and sets out the parties' rights and responsibilities. The document typically includes provisions for enforcement, maintenance of the secured property, and events of default. It's particularly important for protecting creditors' interests while ensuring clear documentation of the security arrangement.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Relevant Industries

Banking and Financial Services

Commercial Real Estate

Manufacturing

Retail

Agriculture

Construction

Mining and Resources

Technology

Healthcare

Transport and Logistics

Professional Services

Relevant Teams

Legal

Finance

Risk Management

Compliance

Credit

Corporate Secretariat

Treasury

Commercial

Relevant Roles

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

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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