Security Agreement Form for South Africa

Security Agreement Form Template for South Africa

A Security Agreement Form under South African law is a legally binding document that creates and evidences a security interest over specified assets in favor of a secured party. The agreement must comply with South African security law requirements, including the Security by Means of Movable Property Act and relevant provisions of the Companies Act. It details the nature of the security interest, the secured obligations, enforcement rights, and the parties' respective obligations. The document includes specific provisions for perfection and registration of the security interest, as required under South African law, and incorporates necessary protections for both the security provider and the secured party.

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What is a Security Agreement Form?

The Security Agreement Form is a fundamental document in South African secured lending and financial transactions. It is used when a party (the security provider) wishes to grant security over specific assets to secure obligations owed to another party (typically a lender). The agreement must comply with South African security law requirements and can cover various types of assets, including movable and immovable property. This document is essential in both commercial lending and corporate finance transactions, providing the secured party with rights over the secured assets in case of default. The Security Agreement Form includes detailed provisions on the creation, perfection, and enforcement of the security interest, as well as the parties' respective rights and obligations. It is commonly used in conjunction with facility agreements, loan documents, or other primary obligations being secured.

What sections should be included in a Security Agreement Form?

1. Parties: Identification of the Grantor (security provider) and Secured Party, including full legal names and registration details

2. Background: Context of the security arrangement, reference to any underlying obligations or facilities being secured

3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including specific security-related terminology

4. Grant of Security Interest: Express creation and grant of the security interest, including the nature and extent of the security

5. Secured Obligations: Clear description of the obligations being secured, including present and future obligations if applicable

6. Representations and Warranties: Grantor's representations regarding ownership, authority, and status of the secured assets

7. Perfection and Registration: Requirements for perfecting the security interest, including registration obligations

8. Maintenance and Preservation: Grantor's obligations regarding maintenance and preservation of the secured assets

9. Events of Default: Specific events triggering enforcement rights under the security agreement

10. Enforcement Rights: Secured Party's rights and remedies upon default, including sale and possession rights

11. Costs and Expenses: Allocation of costs related to the creation, registration, and enforcement of the security

12. Notices: Process for giving notices under the agreement

13. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and amendment procedures

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

1. Insurance Requirements: Used when specific insurance must be maintained over the secured assets

2. Further Assurance: Include when additional documentation or actions may be required in the future

3. Power of Attorney: Optional provision granting the Secured Party power to execute certain documents

4. Third Party Rights: Include when third parties have interests in the secured assets

5. Release and Discharge: Include detailed release provisions for complex security arrangements

6. Currency Provisions: Required for cross-border transactions or multiple currency obligations

7. Tax Provisions: Include when tax implications need specific addressing

8. Subordination Provisions: Used when there are multiple security interests requiring prioritization

What schedules should be included in a Security Agreement Form?

1. Schedule 1 - Secured Assets: Detailed description and/or list of all assets subject to the security interest

2. Schedule 2 - Secured Obligations: Detailed description of all obligations being secured

3. Schedule 3 - Existing Security Interests: List of any existing security interests affecting the secured assets

4. Schedule 4 - Forms of Notice: Standard forms for notices to be given under the agreement

5. Schedule 5 - Perfection Requirements: Specific steps required for perfecting the security interest

6. Appendix A - Asset Registration Details: Registration numbers, serial numbers, or other identifying details of secured assets

7. Appendix B - Required Filings: List of all required regulatory and registration filings

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

South Africa

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking and Financial Services

Real Estate and Property

Manufacturing

Mining and Resources

Agriculture

Retail and Commerce

Technology and Communications

Transport and Logistics

Construction

Energy and Utilities

Relevant Teams

Legal

Finance

Risk Management

Compliance

Treasury

Corporate Finance

Credit

Commercial

Company Secretariat

Operations

Relevant Roles

Legal Counsel

Finance Director

Chief Financial Officer

Risk Manager

Credit Manager

Commercial Director

Company Secretary

Compliance Officer

Security Trustee

Transaction Manager

Legal Director

Corporate Finance Manager

Banking Relationship Manager

Asset Manager

Treasury Manager

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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