Connecticut Security Agreement in Accounts and Contract Rights

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Description

A secured transaction is created when a buyer or borrower (debtor) grants a seller or lender (creditor or secured party) a security interest in personal property (collateral). A security interest allows a creditor to repossess and sell the collateral if a debtor fails to pay a secured debt.


A secured transaction involves a sale on credit or lending money where a creditor is unwilling to accept the promise of a debtor to pay an obligation without some sort of collateral. The creditor requires the debtor to secure the obligation with collateral so that if the debtor does not pay as promised, the creditor can take the collateral, sell it, and apply the proceeds against the unpaid obligation of the debtor. A security interest is an interest in personal property or fixtures that secures payment or performance of an obligation. The property that is subject to the security interest is called the collateral. The party holding the security interest is called the secured party.

Connecticut Security Agreement in Accounts and Contract Rights is a legally binding document that establishes a security interest in accounts and contract rights to secure repayment of a loan or other financial obligation. This agreement is governed by the laws of the state of Connecticut and outlines the rights and obligations of the parties involved. In Connecticut, there are two main types of security agreements related to accounts and contract rights: 1. Accounts: A security agreement in accounts is used when a borrower pledges their existing or future accounts receivable as collateral. Accounts receivable refers to money owed to the borrower for goods sold or services rendered. By creating a security interest in accounts, the lender gains a priority claim to the borrower's receivables to ensure repayment in case of default. 2. Contract Rights: A security agreement in contract rights covers the borrower's rights under contracts, such as leases, licenses, or other agreements that generate income. By granting a security interest in contract rights, the lender has a legal claim to the borrower's income derived from these contracts. This ensures that the lender can recover the borrowed funds if the borrower fails to meet their repayment obligations. The Connecticut Security Agreement in Accounts and Contract Rights must comply with the Uniform Commercial Code (UCC) Article 9 provisions, which govern secured transactions. It is essential for all relevant details to be clearly stated in the agreement, including the borrower's obligations, the lender's rights, and any conditions or restrictions. The agreement also outlines the procedures for default, enforcement, and any remedies available to the lender. By creating a Connecticut Security Agreement in Accounts and Contract Rights, both the borrower and the lender have a clear understanding of their respective rights and obligations. The agreement provides a legal framework that protects the lender's interest in collateral and ensures the borrower's compliance with repayment terms. It offers security to lenders and enables borrowers to access financing by leveraging their accounts and contract rights. Note: The above information is a general description and should not be considered as legal advice. It is advisable to consult with a qualified attorney in Connecticut familiar with the state's specific laws and regulations regarding security agreements in accounts and contract rights.

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Article 9 of the UCC: Governing Security Agreements Security interest is largely regulated via Article 9 of the Uniform Commercial Code (UCC). This legislation provides uniformity across the lending industry while alerting both debtors and creditors to their rights.

A security agreement creates the security interest, making it enforceable between the secured party and the debtor. A UCC-1 financing statement neither creates a security interest nor does it alter its scope; it only gives notice of the security interest to third parties.

A security interest is not enforceable unless it has attached. Attachment of a security interest generally requires a written security agreement, description of collateral, secured party's giving value, and the debtor having rights in collateral.

At a minimum, a valid security agreement consists of a description of the collateral, a statement of the intention of providing security interest, and signatures from all parties involved. Most security agreements, however, go beyond these basic requirements.

A security agreement normally will contain a clear statement that the debtor is granting the secured party a security interest in specified goods. The agreement also must provide a description of the collateral.

Security agreements are contracts. Article 9 of the Uniform Commercial Code governs security interests in personal property. It has been adopted, with some modifications, by every state. A security agreement must comply with other state laws governing contracts.

Thus, when the collateral is not in the possession of the secured party, a security agreement must be in writing to be enforceable. The agreement must be signed by the debtor, contain a description of the property, and the description must reasonably identify the property involved (the collateral).

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Agreement on standards concerning rights and duties. Sec. 42a-9-604. Procedure if security agreement covers real property or fixtures. Exhibit 10.5. SECURITY AGREEMENT. THIS SECURITY AGREEMENT is made as of the 9 th day of May, 2019, by DOMINION BRIDGEPORT FUEL CELL, LLC, a Virginia limited ...A simple letter from the debtor can suffice as long as it is signed by the debtor and the property owner, adequately describes the collateral and makes it clear ... THIS SECURITY AGREEMENT is made as of the 9th day of May, 2019, by DOMINION BRIDGEPORT FUEL CELL, LLC, a Virginia limited liability company, which will be ... - Accounts, contract rights, general intangibles and equipment relating to another jurisdiction; incoming goods already subject to security interest. (a) A security interest attaches to collateral when it becomes enforceable against the debtor with respect to the collateral, unless an agreement expressly ... Jun 16, 2021 — Anyone can file a UCC-1, but strict requirements must be met for it to be effective. Find out why it's important to keep track of ... by RC Anzivino · 1977 · Cited by 13 — "Secured party" means a lender, seller or other person in whose favor there is a security interest, including a person to whom accounts or chattel paper have. (11) A security interest in a commodity contract or a commodity account created by a commodity intermediary. (12) An assignment for the benefit of all creditors ... The loan agreement and security interest were properly filed. The debtor defaulted and the creditor asserted its rights to the milk quota and accounts ...

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Connecticut Security Agreement in Accounts and Contract Rights