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Collateral Security Agreement for Australia

Collateral Security Agreement Template for Australia

This is a comprehensive security agreement governed by Australian law, primarily regulated under the Personal Property Securities Act 2009 (Cth). The agreement creates a security interest over specified collateral in favor of a secured party to secure the performance of defined obligations. It includes detailed provisions for the creation, perfection, and enforcement of security interests, PPSA-specific requirements, representations and warranties, and enforcement mechanisms. The document complies with Australian security registration requirements and includes necessary provisions for priority arrangements and enforcement rights.

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What is a Collateral Security Agreement?

A Collateral Security Agreement is a crucial document in secured financing arrangements under Australian law, used when a party (security provider) grants security over specific assets or property to secure their obligations to another party (typically a lender). This agreement type is governed primarily by the Personal Property Securities Act 2009 (Cth) and must comply with strict registration and perfection requirements. The document is essential in various commercial contexts, from simple bilateral lending arrangements to complex syndicated facilities. It details the nature of the security interest, the secured obligations, enforcement rights, and includes PPSA-specific provisions. The agreement is commonly used in business financing, asset purchases, and other commercial transactions where security over personal property is required.

What sections should be included in a Collateral Security Agreement?

1. Parties: Identification of the secured party and security provider, including ACN/ABN for companies

2. Background: Context of the security arrangement, reference to primary obligations being secured

3. Definitions and Interpretation: Key terms including 'Collateral', 'Secured Money', 'Security Interest', PPSA-specific definitions

4. Grant of Security Interest: Express creation of security interest over the collateral

5. Secured Money: Definition and scope of obligations being secured

6. Representations and Warranties: Security provider's declarations regarding ownership, authority, and status of collateral

7. Undertakings: Security provider's ongoing obligations regarding the collateral

8. Events of Default: Circumstances constituting default under the agreement

9. Enforcement: Rights and powers of the secured party upon default

10. PPSA Provisions: Specific provisions required under the PPSA including notifications and contracting out provisions

11. Power of Attorney: Appointment of secured party as attorney for enforcement purposes

12. Protection of Secured Party: Provisions limiting liability and protecting secured party's interests

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

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

1. Third Party Rights: Required when third parties have interests in the collateral or when subordination arrangements exist

2. Special Provisions for Inventory: Include when the collateral includes inventory, addressing dealings in ordinary course of business

3. Intellectual Property: Required when the collateral includes IP rights, addressing registration and maintenance

4. Real Property Provisions: Include when the security extends to interests in land or fixtures

5. Priority Arrangements: Required when there are multiple secured parties or priority agreements

6. Cross-Collateralization: Include when security secures obligations under multiple agreements

7. Foreign Property: Required when collateral includes assets located outside Australia

8. Custodian Arrangements: Include when a third party holds or manages the collateral

What schedules should be included in a Collateral Security Agreement?

1. Schedule 1 - Collateral Description: Detailed description of all assets subject to the security interest

2. Schedule 2 - Secured Obligations: List of specific agreements, facilities or obligations being secured

3. Schedule 3 - Permitted Security Interests: List of pre-existing or permitted security interests over the collateral

4. Schedule 4 - Serial Numbered Goods: Details of serial numbered goods as required for PPSA registration

5. Schedule 5 - Existing Security Registrations: List of current PPSR registrations affecting the collateral

6. Appendix A - Form of Notice: Template notices for enforcement or other required notifications

7. Appendix B - Security Provider Details: Detailed information about the security provider for PPSR registration purposes

8. Appendix C - Location of Collateral: Details of where collateral is kept or registered locations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Security Agreement

Sector

Cost

Free to use
Relevant legal definitions



















































Clauses
































Relevant Industries

Banking and Financial Services

Commercial Lending

Corporate Finance

Asset Finance

Equipment Leasing

Manufacturing

Retail

Agriculture

Mining and Resources

Technology

Real Estate and Property

Infrastructure

Transport and Logistics

Professional Services

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Credit

Commercial

Corporate Finance

Security Operations

Asset Management

Company Secretariat

Loan Administration

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Security Trustee

Loan Officer

Credit Manager

Risk Manager

Treasury Manager

Compliance Officer

Company Secretary

Commercial Manager

Asset Manager

Portfolio Manager

Transaction Manager

Security Operations 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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