General Security Agreement Template for South Africa

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Key Requirements PROMPT example:

General Security Agreement

"I need a General Security Agreement for a R50 million loan to a manufacturing company, where the security will be over all present and future movable assets, including machinery and inventory, with the loan to be drawn down by March 2025."

Document background
The General Security Agreement is a crucial document in South African secured lending and financial transactions, used to create security interests over a grantor's assets in favor of a secured party. It is typically employed when a lender requires security for a loan or other financial accommodation, or when security is needed for other commercial obligations. The agreement must comply with South African security law requirements, including the Security by Means of Movable Property Act 57 of 1993 and the Companies Act 71 of 2008. It details the secured assets, the secured obligations, perfection requirements, and enforcement mechanisms available under South African law. The document is essential for protecting the secured party's interests while ensuring clarity and certainty in the security arrangement.
Suggested Sections

1. Parties: Identification of the secured party (security holder) and the grantor (security provider), including their full legal names, registration numbers, and addresses

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

3. Definitions and Interpretation: Comprehensive definitions of terms used in the agreement and rules of interpretation

4. Grant of Security Interest: The core provision creating the security interest, specifying the nature and extent of the security

5. Secured Obligations: Detailed description of the obligations being secured, including present and future debts

6. Representations and Warranties: Statements of fact and assurances given by the grantor regarding their authority, ownership of assets, and absence of competing interests

7. Grantor Covenants: Ongoing obligations of the grantor regarding maintenance, insurance, and dealing with the secured assets

8. Events of Default: Circumstances that constitute default and trigger enforcement rights

9. Enforcement: Rights and remedies of the secured party upon default, including power of sale and appointment of receivers

10. Power of Attorney: Appointment of the secured party as attorney to perfect or enforce the security interest

11. Payments and Recoveries: Application and allocation of proceeds from enforcement or operation of the security

12. General Provisions: Standard clauses covering notices, amendments, assignments, governing law, and jurisdiction

Optional Sections

1. Further Assurance: Additional undertakings to perfect the security interest, used when multiple jurisdictions or complex assets are involved

2. Receivership: Detailed provisions regarding appointment and powers of receivers, included when the security package is substantial

3. Special Asset Provisions: Specific provisions for particular types of assets (e.g., intellectual property, shares, book debts), included when these assets form part of the security

4. Priority Arrangements: Provisions dealing with ranking and priority of security interests, used when multiple security interests exist

5. Release and Reinstatement: Terms for releasing security and reinstating security interests, included in complex security arrangements

6. Tax Provisions: Specific provisions dealing with tax implications, included when tax considerations are material

Suggested Schedules

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 secured by the agreement

3. Schedule 3 - Premises: Details of any premises where secured assets are located

4. Schedule 4 - Existing Security Interests: List of any pre-existing security interests affecting the secured assets

5. Schedule 5 - Forms of Notice: Template notices for perfecting security over specific assets (e.g., bank accounts, insurance)

6. Appendix A - Security Interest Registration Forms: Forms required for registering the security interest with relevant authorities

7. Appendix B - Conditions Precedent: List of documents and conditions required before the security becomes effective

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

Manufacturing

Mining and Resources

Agriculture

Retail and Commerce

Technology and Communications

Construction and Infrastructure

Energy and Utilities

Transportation and Logistics

Relevant Teams

Legal

Finance

Treasury

Credit and Risk

Compliance

Corporate Secretariat

Commercial

Banking

Security Administration

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Credit Manager

Risk Manager

Treasury Manager

Security Trustee

Compliance Officer

Commercial Director

Financial Controller

Corporate Secretary

Banking Relationship Manager

Debt Finance 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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