Create a bespoke document in minutes,聽or upload and review your own.
Get your first 2 documents free
Your data doesn't train Genie's AI
You keep IP ownership聽of your information
Security Agreement
I need a security agreement to secure a loan for business equipment, detailing the collateral provided, the obligations of the borrower, and the rights of the lender in case of default. The agreement should comply with Malaysian law and include provisions for interest rates, repayment terms, and dispute resolution.
What is a Security Agreement?
A Security Agreement is a legally binding contract where a borrower pledges specific assets as collateral to secure a loan or debt in Malaysia. It gives lenders a legal claim (security interest) over the pledged property, which can include business equipment, inventory, accounts receivable, or other valuable assets.
Under Malaysian law, particularly the Contracts Act 1950, these agreements protect lenders by allowing them to seize and sell the secured assets if the borrower defaults. They're commonly used by banks, finance companies, and businesses to reduce lending risks and typically need proper registration with the Companies Commission of Malaysia to be fully enforceable.
When should you use a Security Agreement?
Consider using a Security Agreement when lending substantial amounts of money or extending significant credit in Malaysia. This agreement becomes essential for business loans, equipment financing, or any situation where you need to protect your interests as a lender by securing specific assets as collateral.
Banks and financial institutions routinely require these agreements for commercial loans, particularly when financing inventory, machinery, or business expansions. They're especially important for high-value transactions, when dealing with new business relationships, or in industries with higher default risks. Malaysian law requires proper registration with the Companies Commission to ensure enforceability against third parties.
What are the different types of Security Agreement?
- Collateral Contract: Basic form used for general asset pledging, typically for business loans and commercial financing.
- Personal Loan Contract With Collateral: Tailored for individual borrowers, securing personal assets against smaller loans.
- Stock Repurchase Agreement: Specialized version for share-based security arrangements in corporate settings.
- Reverse Repurchase Agreement: Used in financial markets for temporary securities transfers with buyback provisions.
Who should typically use a Security Agreement?
- Banks and Financial Institutions: Primary users of Security Agreements, they draft and enforce these contracts to protect their interests when lending money.
- Corporate Borrowers: Companies seeking business loans or financing, who pledge their assets as collateral.
- Legal Counsel: Lawyers who draft, review, and negotiate the terms to ensure compliance with Malaysian banking and securities laws.
- Company Directors: Authorized signatories who execute these agreements on behalf of their organizations.
- Companies Commission Officers: Government officials who handle the registration and maintain records of these security interests.
How do you write a Security Agreement?
- Asset Details: Gather complete descriptions of all collateral, including serial numbers, locations, and current market values.
- Party Information: Collect legal names, registration numbers, and authorized signatories of both lender and borrower.
- Loan Terms: Document the principal amount, interest rates, repayment schedule, and default conditions.
- Registration Requirements: Prepare necessary forms for the Companies Commission of Malaysia filing.
- Documentation Review: Use our platform's automated system to generate a compliant Security Agreement, ensuring all Malaysian legal requirements are met.
What should be included in a Security Agreement?
- Identification Section: Full legal names and details of all parties, including registration numbers for companies.
- Collateral Description: Precise details of secured assets, including location and distinguishing features.
- Security Interest: Clear statement creating the security interest under Malaysian law.
- Repayment Terms: Loan amount, interest rates, and payment schedule details.
- Default Provisions: Specific triggers and remedies available to the secured party.
- Enforcement Rights: Powers of the secured party to seize and sell collateral.
- Governing Law: Express statement that Malaysian law governs the agreement.
What's the difference between a Security Agreement and an Asset Purchase Agreement?
A Security Agreement differs significantly from an Asset Purchase Agreement in Malaysian business law. While both documents deal with assets, their purposes and effects are quite distinct.
- Primary Purpose: Security Agreements create a lender's right over assets as collateral while allowing the borrower to retain ownership and use. An Asset Purchase Agreement transfers complete ownership of assets from seller to buyer.
- Duration and Effect: Security Agreements remain active until the loan is repaid, then terminate automatically. Asset purchases are permanent transfers.
- Rights Conveyed: Security Agreements only grant conditional rights to seize assets upon default. Asset purchases transfer all rights, title, and interest immediately.
- Registration Requirements: Security Agreements must be registered with the Companies Commission of Malaysia. Asset purchases typically require stamp duty and transfer documentation.
Download our whitepaper on the future of AI in Legal
骋别苍颈别鈥檚 Security Promise
Genie is the safest place to draft. Here鈥檚 how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; 骋别苍颈别鈥檚 AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
Our bank-grade security infrastructure undergoes regular external audits
We are ISO27001 certified, so your data is secure
Organizational security
You retain IP ownership of your documents
You have full control over your data and who gets to see it
Innovation in privacy:
Genie partnered with the Computational Privacy Department at Imperial College London
Together, we ran a 拢1 million research project on privacy and anonymity in legal contracts
Want to know more?
Visit our for more details and real-time security updates.
Read our Privacy Policy.