The Share Security Agreement is a crucial document in Australian secured financing transactions where shares are provided as collateral. It is commonly used in various business contexts including corporate loans, acquisition financing, investment arrangements, and restructuring scenarios. The agreement must comply with the Personal Property Securities Act 2009 (Cth) and the Corporations Act 2001 (Cth), ensuring proper creation and perfection of the security interest. It includes detailed provisions about the secured shares, the rights of the secured party, voting and dividend arrangements, and enforcement mechanisms. This document is essential for both lenders seeking security over shares and businesses using their shareholdings as collateral for financing.
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1. Parties: Identifies the security provider (share owner), secured party, and any other relevant parties such as the company whose shares are being secured
2. Background: Sets out the context of the security agreement, including reference to any underlying obligations being secured
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles for the agreement
4. Grant of Security Interest: Creates and defines the security interest over the shares, ensuring PPSA compliance
5. Secured Obligations: Defines the obligations being secured by the share security
6. Representations and Warranties: Security provider's representations about ownership, authority, and status of shares
7. Undertakings: Ongoing obligations of the security provider regarding the secured shares
8. Rights and Obligations Before Enforcement: Deals with dividends, voting rights, and other share-related rights prior to enforcement
9. Events of Default: Specifies circumstances that trigger enforcement rights
10. Enforcement: Sets out the secured party's enforcement rights and processes
11. Power of Attorney: Appointment of secured party as attorney for enforcement purposes
12. PPSA Provisions: Specific provisions required under the Personal Property Securities Act
13. Assignments and Transfers: Provisions governing transfer of rights under the agreement
14. Notices: Requirements for giving notices under the agreement
15. General Provisions: Standard boilerplate provisions including governing law, jurisdiction, etc.
1. Security Provider Restrictions: Additional restrictions on security provider's activities - include when enhanced control is required
2. Nominee Arrangements: Include when shares are to be held by a nominee
3. Priority Arrangements: Include when there are multiple security interests over the shares
4. Foreign Investment Provisions: Include when foreign investment regulations apply
5. ASX Requirements: Include when secured shares are in an ASX-listed company
6. Custodian Provisions: Include when a custodian is involved in holding the shares
7. Share Trust Provisions: Include when shares are held on trust
1. Schedule 1 - Secured Shares: Details of the shares subject to the security interest
2. Schedule 2 - Share Documents: List of share certificates and other relevant documents
3. Schedule 3 - Form of Transfer: Pro-forma share transfer form for enforcement
4. Schedule 4 - Notice of Security Interest: Form of notice to the company whose shares are secured
5. Schedule 5 - Company Acknowledgment: Form of acknowledgment from the company whose shares are secured
6. Appendix A - PPSA Registration Details: Details for PPSA registration purposes
7. Appendix B - Existing Security Interests: Details of any existing security interests over the shares
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Investment Management
Private Equity
Venture Capital
Professional Services
Corporate Services
Legal Services
Business Services
Technology
Real Estate
Manufacturing
Retail
Healthcare
Mining and Resources
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Secretariat
Investment
Credit
Operations
Due Diligence
Transaction Management
Relevant Roles
Legal Counsel
Corporate Lawyer
Finance Manager
Chief Financial Officer
Investment Manager
Corporate Secretary
Compliance Officer
Risk Manager
Treasury Manager
Security Trustee
Portfolio Manager
Transaction Manager
Due Diligence Officer
Credit Manager
Legal Operations Manager
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