Security & Structuring Document - Movable Assets
Contractual Documentation of Security Arrangements within Transactions.
A security and structuring document serves to contractually establish the legal relationship between the parties involved when deploying movable assets as collateral.
The documentation does not solely concern the creation of a security interest, but rather addresses the broader structuring of rights, obligations, and interrelations within the transaction.
Scope of application
- This document is applied in situations where:
- This document is applied in situations where:
- Multiple parties are involved in a financing relationship.
- Security arrangements form part of a broader agreement.
- The legal position of the parties must be explicitly recorded.
- The security structure needs to be contractually integrated with other arrangements.
Legal components
Depending on the transaction, the documentation may include, among other things:
- Definition of the secured obligations.
- Agreements regarding additional collateral.
- Ranking and priority provisions.
- Obligations regarding the provision of information.
- Restrictions on disposal or encumbrance.
- Provisions concerning amendment or termination.
Where required, additional clauses may be included to align with existing financing or collaboration documentation.
Preliminary legal analysis
Prior to drafting, an assessment is made of:
- The nature of the underlying obligation.
- The desired level of security protection.
- The relationship between primary and supplementary securities.
- The position of other creditors.
- Enforceability in the event of default or insolvency.
The outcome of this analysis determines the structure and scope of the document.
Integration within existing structures
The security and structuring document may be integrated with:
- Financing agreements.
- Shareholders’ agreements.
- Collaboration agreements.
- Intercreditor arrangements.
- International transaction arrangements.
Structuring submission
Do you wish to assess whether a separate security and structuring document is necessary in your situation?
Each request is subjected to a preliminary legal analysis to ensure the structure is correctly implemented.