Personal Security Agreement for the United States

Personal Security Agreement Template for United States

A Personal Security Agreement is a legal document used in the United States that creates a security interest in personal property to secure the performance of an obligation. Governed by Article 9 of the Uniform Commercial Code (UCC), this agreement details the terms under which a creditor takes or retains a security interest in a debtor's personal property, including the description of collateral, terms of the security arrangement, and rights upon default.

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What is a Personal Security Agreement?

The Personal Security Agreement serves as a crucial document in secured lending transactions within the United States. It is typically used when an individual borrows money or incurs an obligation and pledges personal property as collateral. This agreement, governed by UCC Article 9 and state-specific regulations, establishes the creditor's rights to the collateral, defines default scenarios, and outlines enforcement mechanisms. The document is essential for protecting the lender's interests while providing the borrower with clear terms regarding their obligations and the status of their pledged assets.

What sections should be included in a Personal Security Agreement?

1. Parties: Identification of secured party and debtor

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

3. Definitions: Key terms used throughout the agreement

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

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

6. Obligations Secured: Description of debts or obligations secured by the agreement

7. Representations and Warranties: Statements of fact by the debtor regarding the collateral and authority

8. Default Provisions: Definition of default events and consequences

9. Remedies: Rights and actions available upon default

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

1. Insurance Requirements: Obligations to maintain insurance on collateral when valuable physical property is involved

2. Third Party Agreements: References to related agreements affecting the security interest when other agreements impact the security arrangement

3. Additional Covenants: Specific promises by the debtor regarding conduct when additional protections are needed

What schedules should be included in a Personal Security Agreement?

1. Schedule A - Collateral Description: Detailed listing and description of all collateral items

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

3. Schedule C - Filing Locations: List of jurisdictions where UCC filings will be made

4. Appendix 1 - UCC Forms: Copies of relevant UCC filing forms

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
Industries

UCC Article 9: Primary legislation governing security interests in personal property, including rules for creation, perfection, and enforcement of security interests, and priority rules between competing creditors

Fair Credit Reporting Act: Federal law that regulates the collection, dissemination, and use of consumer credit information, relevant for credit aspects of security agreements

Truth in Lending Act: Federal law requiring clear disclosure of lending terms and costs in credit transactions, including secured transactions

Consumer Credit Protection Act: Federal law providing a comprehensive framework for consumer credit rights and creditor responsibilities

State UCC Variations: State-specific modifications and implementations of the Uniform Commercial Code that may affect security agreement requirements

State Consumer Protection Laws: State-specific laws designed to protect consumers in credit and secured transactions, varying by jurisdiction

State Security Interest Registration: State-specific requirements for registering and perfecting security interests in personal property

Bankruptcy Code: Federal laws governing bankruptcy proceedings and the protection of security interests during bankruptcy

State Property Laws: Laws governing personal property rights, transfer, and ownership of collateral within specific states

Contract Law Principles: Fundamental legal principles governing contract formation, consideration, capacity, and enforceability applicable to security agreements

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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