Collateral Security Agreement Template for Pakistan

The Collateral Security Agreement is a crucial document in Pakistani secured lending transactions, used when a lender requires security over specific assets to secure a loan or other financial obligations. This agreement is essential in both conventional and Islamic banking contexts in Pakistan, providing detailed provisions for the creation, perfection, and enforcement of security interests. It must comply with various Pakistani laws including the Financial Institutions (Recovery of Finances) Ordinance 2001, Registration Act 1908, and where applicable, Islamic banking regulations. The document is particularly important in corporate lending, project finance, and asset-based financing transactions, requiring careful consideration of local registration requirements, stamp duty implications, and enforcement mechanisms available under Pakistani law.

1. Parties: Identification of the security provider/chargor and the security taker/chargee with complete details as required under Pakistani law

2. Background: Context of the security arrangement, reference to the primary facility/loan agreement, and the intention to create security

3. Definitions and Interpretation: Definitions of key terms used in the agreement and interpretation clauses, including references to Pakistani law concepts

4. Creation of Security Interest: Express provisions creating the security interest, specifying the type of security and the assets being charged

5. Secured Obligations: Definition and scope of the obligations being secured, including principal, interest, and other amounts

6. Representations and Warranties: Standard and security-specific representations regarding ownership of collateral, authority to create security, and absence of encumbrances

7. Covenants: Positive and negative covenants relating to the maintenance and preservation of the security

8. Perfection Requirements: Requirements for registration, filing, and other formalities under Pakistani law to perfect the security

9. Enforcement: Rights and remedies available upon default, including sale, possession, and appointment of receiver

10. Power of Attorney: Appointment of the security taker as attorney for security-related actions

11. Further Assurance: Obligation to execute further documents and take additional steps to perfect security

12. Costs and Expenses: Provisions regarding payment of costs, including registration fees and stamp duty

13. Governing Law and Jurisdiction: Specification of Pakistani law as governing law and jurisdiction of Pakistani courts