As a general rule, you should also have a formal credit contract. And in some cases, this loan contract would have security conditions (if it is a secure loan). So if you give a commercial loan with certainty, it`s a good idea to have a general security agreement. The borrower may have limited options to provide guarantees that would satisfy lenders. Even if a security agreement grants only a partial security interest to the property, lenders may be reluctant to offer financing for the property. The possibility of cross-protection would remain, which would require the liquidation of the property to attempt to release its value and compensate the lenders. However, secured loans are considered much safer for lenders. The reason is that a secured loan holds a guarantee on the debt. The main function of the general security agreement is to guarantee the funds that have been lent to a company. Therefore, in order to archive the security of archiving all tangible and intangible assetsThe intangible assets are identifiable and non-monetary intangible assets without a physical substance. Like all assets, intangible assets are those that are expected to generate economic income for the business in the future. As a long-term good, this expectation goes beyond one year. The agreement outlines companies that own or will own them in the future.
Under Dutch (Dutch) law, the Dutch civil code designates the guarantee as an agreement by which a third party undertakes a contractual creditor to comply with a debtor`s contractual obligations. Such a guarantee agreement is concluded between the surety company and the creditor. The debtor of the guaranteed commitment is not required to participate in such an agreement. It is even possible that such a guarantee agreement will be concluded without the debtor`s knowledge or agreement. Article 7:850 of the Dutch Civil Code is established: 1. A guarantee agreement is an agreement under which one of the parties (hereafter referred to as the guarantee) has committed to the other party (the “creditor”) to fulfil an obligation that a third party (the principal debtor) has owed or returned to the creditor. 2. For the validity of a guarantee agreement, it is not necessary for the principal debtor to know the existence of the guarantee in question. 3. The legal provisions relating to joint and several bonds apply to a bonding contract, as long as the provisions of this security do not deviate from it. With regard to the nature of the commitment guaranteed by a guarantee agreement under Dutch law, Article 7:854 of the Dutch Civil Code states that if the principal debtor`s guaranteed commitment relates to a benefit other than the payment of a sum of money, the surety contract is considered a guarantee of the creditor`s claim on the sum of money.
which is attributable to the principal debtor if it has not fulfilled its primary obligation to the creditor, unless the surety agreement expressly provides for something else.