The installation is a critical process for entering into safety agreements and obtaining security interests. It is only in accordance with the requirements of the seizure that the creditor becomes an insured party. To obtain a seizure, the following obligations must be fulfilled: a guarantee agreement may be oral if the secured party (the lender) is in possession of the guarantee. If the guarantee is physically held by the borrower or if the guarantee is an intangible value (. For example, a patent, [1) of claims or a debt title), the guarantee agreement must be made in writing to comply with the fraud law. The security contract must be authenticated by the debtor, i.e. it must bear the debtor`s signature or be marked electronically. It must provide an appropriate description of the guarantees and use words that show an intention to create an interest in securities (the right to claim repayment of the loan through stolen property). In order for the security contract to be valid, the borrower must normally have rights to the guarantees at the time the contract is implemented. If a borrower promises as collateral a car owned by a neighbour and the neighbour does not know or support this promise, the security agreement is ineffective. However, a security agreement may specify that it contains post-acquired properties. If such a specification is included, then a promise of « all cars in the borrower`s possession » would include the neighbor`s car if the borrower were to buy that car from the neighbor.
It is not possible to use already mortgaged assets as collateral to secure a new credit contract. All parties to the agreement should consider the details of the general security agreement to ensure that each party is secure and that the information is legitimate and up-to-date. A guaranteed debt may contain a security agreement under its terms. When a security agreement lists a commercial property as collateral, the lender can file a UCC-1 return that will serve as a guarantee for the property. Once the security agreement is established, it should be attached. To be considered « secure, » the agreement would need to be refined. These terms are described in detail below. In addition, the agreement should be authenticated, ideally before a notary or witness (or both). Both the borrower and the lender must sign the general security agreement.