Deed Of Charge And Assignment Template for Nigeria

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Key Requirements PROMPT example:

Deed Of Charge And Assignment

"I need a Deed of Charge and Assignment under Nigerian law to secure a NGN 500 million facility to be provided by ABC Bank Limited to my manufacturing company, with security over our factory premises, machinery, and receivables."

Document background
The Deed of Charge and Assignment is a fundamental security document in Nigerian financial transactions, used when a party (the Chargor) wishes to provide security over its assets to secure obligations owed to another party (the Chargee, typically a lender). This document is particularly important in Nigeria's commercial landscape where secured lending is a crucial component of business financing. The deed must comply with Nigerian legal requirements, including those under the Companies and Allied Matters Act 2020, and typically requires registration with the Corporate Affairs Commission and/or relevant state land registries. It combines two security mechanisms: a charge (creating a security interest) and an assignment (transferring rights), providing comprehensive security protection. The document is commonly used in various contexts including project finance, real estate development, corporate lending, and asset financing transactions.
Suggested Sections

1. Parties: Identification of the Chargor/Assignor and Chargee/Assignee with full legal names and addresses

2. Background: Recitals explaining the context of the security arrangement and any underlying facility or obligation

3. Definitions and Interpretation: Definitions of key terms used in the deed and rules of interpretation

4. Creation of Security: Express provisions creating the charge and assignment over the secured assets

5. Secured Obligations: Definition and scope of the obligations being secured by the charge and assignment

6. Representations and Warranties: Chargor's/Assignor's confirmations regarding ownership, authority, and status of the charged/assigned assets

7. Covenants: Positive and negative undertakings by the Chargor/Assignor regarding the secured assets and general obligations

8. Events of Default: Circumstances that would trigger enforcement rights

9. Enforcement: Powers and remedies available to the Chargee/Assignee upon default

10. Power of Attorney: Appointment of the Chargee/Assignee as attorney for specific purposes

11. Further Assurance: Obligation to execute further documents and take additional steps if required

12. Notices: Provisions for how formal communications between parties should be made

13. Assignment and Transfer: Provisions regarding the ability to transfer rights under the deed

14. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes

15. Execution: Formal execution blocks meeting requirements for a deed under Nigerian law

Optional Sections

1. Security Margin: Used when the security includes a requirement for maintaining a specific value ratio of security to secured obligations

2. Insurance: Required when charged assets must be insured and insurance proceeds are part of the security

3. Environmental Matters: Included when the charged property includes land or facilities with environmental considerations

4. Security Agent Provisions: Required in syndicated facilities where a security agent holds the security on behalf of multiple beneficiaries

5. Intercreditor Provisions: Needed when there are multiple secured creditors and their priorities need to be established

6. Release Mechanics: Detailed provisions for partial releases of security, used in complex transactions with multiple assets

7. Currency Provisions: Required when the secured obligations or charged assets involve multiple currencies

Suggested Schedules

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

2. Schedule 2 - Secured Obligations: Detailed description of the secured obligations, including any facility agreements or other underlying obligations

3. Schedule 3 - Properties: Details of any real property including title information and land registry particulars

4. Schedule 4 - Form of Notices: Template notices to be sent to relevant third parties regarding the assignment

5. Schedule 5 - Existing Security: Details of any existing security interests over the charged assets that will remain in place

6. Schedule 6 - Required Authorizations: List of regulatory or third-party consents required for the charge and assignment

7. Schedule 7 - Bank Accounts: Details of bank accounts subject to the security arrangement

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 legal definitions
Clauses
Relevant Industries

Banking and Financial Services

Real Estate and Property Development

Manufacturing and Industrial

Oil and Gas

Infrastructure and Construction

Agriculture and Agribusiness

Telecommunications

Mining and Natural Resources

Power and Energy

Commercial Real Estate

Retail and Commerce

Transportation and Logistics

Relevant Teams

Legal

Finance

Risk Management

Compliance

Credit

Corporate Secretariat

Treasury

Property Management

Business Development

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Secretary

Risk Manager

Credit Manager

Loan Officer

Security Trustee

Relationship Manager

Compliance Officer

Property Manager

Asset Manager

Treasury Manager

Commercial Director

Business Development 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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