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Security Agreement Form Template for Pakistan

A comprehensive legal document governed by Pakistani law that creates and evidences a security interest over specified assets or property in favor of a security holder. The agreement complies with Pakistan's Financial Institutions (Secured Transactions) Act 2016 and related legislation, detailing the nature of security, secured obligations, enforcement mechanisms, and parties' rights and obligations. It includes provisions for registration with relevant authorities, enforcement procedures under local law, and specific requirements for different types of collateral, whether movable or immovable property.

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What is a Security Agreement Form?

The Security Agreement Form is a fundamental legal instrument in Pakistani financial and commercial transactions, used to create and document security interests over assets. This document is essential when a party (the Security Provider) needs to provide collateral to secure obligations owed to another party (the Security Holder), typically in financing arrangements, loan agreements, or other commercial transactions. The agreement must comply with Pakistani legislation, particularly the Financial Institutions (Secured Transactions) Act 2016, Contract Act 1872, and relevant registration requirements. It covers crucial aspects such as the description of secured assets, obligations being secured, enforcement rights, and the process for realizing security in case of default, all while ensuring adherence to local legal requirements and market practices.

What sections should be included in a Security Agreement Form?

1. Parties: Identification of the Security Provider (Chargor) and Security Holder (Chargee) with full legal names and addresses

2. Background: Context of the security arrangement, reference to any underlying agreements, and purpose of the security

3. Definitions and Interpretation: Definitions of key terms used in the agreement and interpretation rules

4. Grant of Security Interest: Core provision creating the security interest, specifying type of security (fixed/floating charge, mortgage, pledge, etc.)

5. Secured Obligations: Definition and scope of the obligations being secured

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

7. Covenants: Ongoing obligations of the Security Provider regarding maintenance and protection of collateral

8. Further Assurance: Obligation to execute additional documents and take actions to perfect security

9. Enforcement: Rights and remedies of the Security Holder upon default

10. Power of Attorney: Appointment of Security Holder as Security Provider's attorney for security-related matters

11. Notices: Process for serving notices between parties

12. Assignment and Transfer: Rights to assign or transfer the security interest

13. Governing Law and Jurisdiction: Specification of Pakistani law as governing law and jurisdiction details

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

1. Islamic Finance Compliance: Required when the security arrangement needs to comply with Shariah principles

2. Cross-Border Security Provisions: Required when collateral is located in multiple jurisdictions

3. Third Party Rights: Required when third parties have interests in the collateral or agreement

4. Currency Provisions: Required when secured obligations involve foreign currency

5. Insurance Requirements: Detailed insurance obligations when collateral requires specific insurance coverage

6. Special Custody Arrangements: Required for specific types of collateral requiring custodian arrangements

7. Registration Requirements: Special provisions for registration with specific Pakistani authorities based on collateral type

What schedules should be included in a Security Agreement Form?

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

2. Schedule 2 - Secured Obligations: Detailed list of secured obligations if complex or multiple agreements involved

3. Schedule 3 - Perfection Requirements: List of specific actions required to perfect the security under Pakistani law

4. Schedule 4 - Form of Notice: Standard forms for notices to third parties regarding the security interest

5. Schedule 5 - Registration Forms: Forms required for registration with relevant Pakistani authorities

6. Schedule 6 - Existing Encumbrances: List of any existing security interests or encumbrances on the collateral

7. Appendix A - Power of Attorney Format: Standard format for Power of Attorney required under Pakistani law

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Pakistan

Document Type

Agreement Contract

Cost

Free to use

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