General Security Agreement

As a general rule, you should also have a proper credit agreement. And in some cases, this credit agreement would have conditions relating to the guarantee (if it is a secured loan). So if you ever make a business loan available, it`s a good idea to have a general security agreement. And to ensure this security in writing, you need a general security agreement. In insolvency, the first to register in the PPSR is generally a priority, unless there is an act of subordination between secured parties that changes the priority or the guarantee is not valid. The description of the warranties and the accuracy of the registration of title on the PPSR are important. In the event of significant anomalies, the warranty may be invalid. All parties to the agreement must pay attention to the details of the general security agreement to ensure that each party is secure and that the information is legitimate and up-to-date. The main exception to the priority rule is personnel money security interest (PMSI), in which a supplier of goods or equipment assumes a guarantee on goods delivered (but not yet paid). For example, a rental agreement for a refrigerator or a credit from a financial company that is secured by a motor vehicle (a serial property).

A PMSI creditor is a “super” priority to recover their unpaid goods and/or equipment. After the signing of the general guarantee agreement, the debtor is obliged to perform the acts mentioned in the agreement, for example.B.

Fotos: Kathrin Leisch
Impressum | AGB