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Debenture Vs. General Security Agreement

Debenture Vs. General Security Agreement
Ditambahkan pada : April 9th, 2021
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In many common law systems, a legal pledge right includes the right to retain physical possession of tangible assets as a guarantee of underlying obligations. In some jurisdictions, this is a form of guarantee of ownership, and the ownership of the property must be transferred (and maintained) to the insured party. In the case of a property right, the right is purely passive. In the case of a property right, the insured party (the lie)[27] has no right to sell the assets – only a right to refuse restitution until they are paid. In the United States, a pledge may be a non-special security interest. Most security interests are granted by the person who owns the property to secure their own debt. But it is also possible for a person to grant security on their property as collateral on another person`s debts (often referred to as third-party security). [5] Thus, a parent could grant a security interest to their home to support a commercial loan to their child. Similarly, most security interests are used to secure debts or other direct financial obligations. But sometimes a guarantee is given to guarantee a non-financial obligation. For example, a performance obligation in the construction sector can ensure a satisfactory performance of non-financial commitments. The trap? Regardless of the person or type of organization that provides the GSA, a court may prohibit GSA guarantees if the debtor`s name is incorrect. It is therefore essential to ensure that the name of the debtor executing the GSA is legally correct and that the corresponding registration complies with the rules of the applicable Personal Wealth Security Act (PPSA).

The trick to avoid this trap: It is also possible to replicate the effects of security by directly transferring the assets, ensuring that the asset is transferred after the repayment of the guaranteed commitments. In some legal systems, these regimes can be redefined as the granting of a mortgage, but most legal orders allow the parties the freedom to characterize their transactions according to their own judgment. [33] Financing using an equity loan or repurchase agreement to secure cash advance, as well as securities transfer agreements (for example. B in the “Transfer” annex of English law for credit support of an ISDA master contract (unlike other forms of CSA that grant security) are often used. The trap? Sometimes the provisions of the GSA do not comply with the letter of commitment or the loan agreement.

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