The Collateral Agreement (Real Estate) is a crucial document in Swiss secured financing transactions, used when real estate property serves as security for financial obligations. This agreement is commonly utilized in banking and real estate transactions throughout Switzerland, where strict legal requirements govern the creation and enforcement of real estate security interests. The document must comply with federal laws, particularly the Swiss Civil Code (ZGB) and cantonal regulations, and requires formal notarization and registration in the land registry to be effective. It typically includes detailed property descriptions, secured obligations, maintenance requirements, and enforcement provisions, making it essential for both commercial and residential property financing arrangements. The agreement's format and content are heavily influenced by Swiss legal requirements and banking practices, particularly regarding mortgage certificates (Schuldbriefe) and other forms of real estate security.
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Key Requirements PROMPT example:
Collateral Agreement (Real Estate)
"I need a Real Estate Collateral Agreement under Swiss law for a commercial property in Zurich valued at CHF 5 million, where the property will secure a business loan from Credit Suisse, with completion needed by March 2025."
1. Parties: Identification of the parties: Collateral Provider/Property Owner and Secured Party/Creditor, including full legal names and addresses
2. Background: Context of the agreement, reference to the underlying credit relationship, and purpose of the security
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the real estate property serving as collateral, including land registry details
5. Creation of Security Interest: Terms establishing the security interest, type of security (e.g., mortgage certificate), and registration requirements
6. Secured Obligations: Description of the obligations secured by the collateral, including maximum secured amount
7. Representations and Warranties: Collateral provider's confirmations regarding ownership, authority, and property condition
8. Obligations of the Collateral Provider: Ongoing obligations regarding property maintenance, insurance, and restrictions on disposal
9. Enforcement: Circumstances and procedures for enforcement of the security interest
10. Costs and Expenses: Allocation of costs related to creation, maintenance, and enforcement of the security
11. Notices: Communication requirements and contact details
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Multiple Properties: Additional provisions when security is created over multiple properties
2. Rental Income Assignment: Provisions for assignment of rental income as additional security
3. Insurance Requirements: Detailed insurance obligations beyond standard requirements
4. Environmental Matters: Specific provisions regarding environmental risks and obligations
5. Third Party Rights: Provisions addressing existing third party rights or restrictions
6. Foreign Party Provisions: Additional provisions required when a party is foreign (Lex Koller considerations)
7. Priority Arrangements: Provisions regarding ranking of security interests if multiple security interests exist
1. Property Details: Detailed property description, including land registry extract, plans, and boundaries
2. Form of Mortgage Certificate: Template or copy of the mortgage certificate to be issued
3. Existing Encumbrances: List of existing mortgages, easements, or other encumbrances
4. Insurance Policies: Details of required insurance coverage and existing policies
5. Form of Notice to Land Registry: Template for registration of the security interest
6. Powers of Attorney: Any required powers of attorney for registration or enforcement
7. Property Valuation: Recent property valuation report or appraisal
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Real Estate
Insurance
Legal Services
Construction & Development
Property Investment
Commercial Property Management
Mortgage Services
Relevant Teams
Legal
Real Estate
Credit Risk
Compliance
Property Finance
Security Administration
Mortgage Administration
Investment
Client Relations
Risk Management
Relevant Roles
Legal Counsel
Real Estate Manager
Credit Officer
Mortgage Specialist
Risk Manager
Property Finance Manager
Compliance Officer
Banking Relationship Manager
Real Estate Investment Manager
Portfolio Manager
Security Trustee
Notary Public
Property Lawyer
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