Business Security Agreement for the United States

Business Security Agreement Template for United States

A Business Security Agreement is a legal document governed by U.S. law, particularly Article 9 of the Uniform Commercial Code (UCC), that creates a security interest in specified business assets (collateral) to secure the performance of an obligation. This document establishes the lender's rights over the collateral, details the terms and conditions of the security arrangement, and specifies remedies in case of default. It includes provisions for maintaining and protecting the collateral, representations and warranties, and procedures for enforcement.

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What is a Business Security Agreement?

A Business Security Agreement is essential when a business seeks financing and needs to provide collateral as security. This document, governed by U.S. commercial law, particularly the UCC, creates a legally enforceable security interest in the borrower's assets. It protects the lender's interests by establishing rights over the collateral while allowing the borrower to continue using the assets in their business operations. The agreement typically includes detailed descriptions of the collateral, maintenance requirements, default provisions, and enforcement mechanisms.

What sections should be included in a Business Security Agreement?

1. Parties: Identification of secured party and debtor

2. Background: Context of the security agreement and underlying obligations

3. Definitions: Key terms used throughout the agreement including UCC-specific terminology

4. Grant of Security Interest: Formal creation of security interest in specified collateral

5. Description of Collateral: Detailed description of assets serving as security

6. Representations and Warranties: Debtor's statements about ownership and condition of collateral

7. Covenants: Ongoing obligations of the debtor regarding maintenance and protection of collateral

8. Events of Default: Circumstances constituting default under the agreement

9. Remedies: Secured party's rights and remedies upon default

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

1. Insurance Requirements: Specific obligations to maintain insurance on collateral

2. Third Party Consents: Requirements for obtaining third party approvals for security interest

3. Intercreditor Provisions: Rules governing relationships between multiple secured parties

What schedules should be included in a Business Security Agreement?

1. Schedule A - Collateral Description: Detailed inventory and description of all assets serving as collateral

2. Schedule B - Permitted Liens: List of pre-existing or permitted encumbrances on collateral

3. Schedule C - Filing Locations: List of jurisdictions where UCC financing statements must be filed

4. Exhibit A - Form of Financing Statement: Template UCC-1 financing statement for filing

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

United States

Publisher

Genie AI

Document Type

Security Agreement

Cost

Free to use
Relevant legal definitions
Industries

Uniform Commercial Code (UCC) - Article 9: Primary legislation governing secured transactions, including requirements for security interest perfection, priority rules, and enforcement provisions

Federal Bankruptcy Code: Federal law that affects creditor rights and security interests in the event of debtor bankruptcy

Securities Exchange Act: Federal law governing securities transactions, relevant if the collateral includes securities

Truth in Lending Act: Federal law that may apply if the security agreement has any consumer-related aspects

Federal Tax Lien Act: Governs the priority of federal tax liens in relation to security interests

State UCC Variations: State-specific modifications to the UCC that may affect security agreement requirements and enforcement

State Recording Requirements: State-specific rules for recording and filing security interests

State Usury Laws: State regulations governing interest rates and charges in secured transactions

ESIGN Act/UETA: Federal and state laws governing electronic signatures and records in commercial transactions

Industry-Specific Regulations: Regulations specific to particular industries that may affect security agreements and collateral requirements

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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