Security Agreement Template for South Africa

A Security Agreement creates a legal pledge between a lender and borrower in South Africa, giving the lender rights over specific assets when securing a loan. Think of it as a safety net that lets creditors claim particular property or equipment if the borrower can't repay their debt.

Under SA's Security by Means of Movable Property Act, these agreements help businesses access funding by using their assets as collateral. The document spells out exactly which items serve as security, how they must be maintained, and what happens if payments stop. Banks and financial institutions rely on these agreements daily to protect their interests while helping companies grow.

Use a Security Agreement when taking out business loans or financing equipment in South Africa. This document becomes essential anytime you need to offer assets as collateral to secure funding, from buying manufacturing machinery to expanding your transport fleet.

Timing matters - put the agreement in place before the lender releases any funds. Many South African businesses use these agreements when buying property, financing inventory, or seeking working capital from banks. The agreement protects both parties by clearly defining which assets serve as security and establishing the lender's rights if payments default.

• Collateral Agreement: The most basic form, used when pledging specific assets as loan security
• Repurchase Agreement: Specialized version for temporary transfer of securities with buyback provisions
• Reverse Repurchase Agreement: Mirror arrangement where the lender sells securities with agreement to repurchase
• Restricted Stock Purchase Agreement: Used for securing company shares with special trading restrictions
• Contract Of Sale Of Shares: Focuses on share transfers with built-in security provisions

• Commercial Banks: Draft and enforce Security Agreements when lending to businesses, ensuring their interests are protected
• Business Owners: Sign these agreements to access financing, using company assets as collateral
• Legal Practitioners: Review and customize agreements to comply with SA law and protect client interests
• Financial Advisors: Guide clients through security requirements and help structure suitable arrangements
• Corporate Trustees: Manage and monitor secured assets on behalf of lenders
• Asset Registrars: Record and track security interests in movable property under SA regulations

• Asset Details: List all property or items serving as security, including serial numbers and current values
• Ownership Proof: Gather documents showing clear title to all assets being offered as security
• Party Information: Collect official details of both borrower and lender, including registration numbers
• Loan Terms: Document the principal amount, interest rates, and repayment schedule
• Default Conditions: Clearly outline what constitutes default and enforcement procedures
• Compliance Check: Ensure alignment with SA's Security by Means of Movable Property Act requirements
• Document Generation: Use our platform to create a legally-sound agreement that includes all required elements

• Identification Section: Full legal names and details of all parties, including registration numbers
• Asset Description: Precise details of secured property, including serial numbers and locations
• Security Interest: Clear statement creating the security interest under SA law
• Obligations Secured: Specific debts or obligations covered by the agreement
• Default Terms: Triggers for default and enforcement rights
• Maintenance Clause: Requirements for preserving the secured assets
• Registration Rights: Provisions for registering the security interest where required
• Governing Law: Explicit reference to South African law and jurisdiction
• Execution Block: Proper signature sections with witness provisions

A Security Agreement differs significantly from an Asset Purchase Agreement in several key ways. While both involve assets, their fundamental purposes and legal effects are quite different.

• Asset Purchase Agreement: Transfers complete ownership of assets from one party to another in a sale transaction
• Purpose Distinction: Security Agreements create a lender's right over assets while the borrower maintains possession and use; Asset Purchase Agreements permanently transfer ownership
• Legal Effect: Security Agreements establish conditional rights that activate upon default; Asset Purchase Agreements create immediate, permanent transfers
• Ongoing Obligations: Security Agreements require continued maintenance of assets and loan payments; Asset Purchase Agreements typically end once the sale completes
• Risk Structure: Security Agreements protect lenders while allowing borrowers to use assets; Asset Purchase Agreements shift all rights and risks to the new owner