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.
The Truth-in-Lending Act (TILA) is part of the Federal Consumer Credit Protection Act. The purpose of the TILA is to make full disclosure to debtors of what they are being charged for the credit they are receiving. The Act merely asks lenders to be honest to the debtors and not cover up what they are paying for the credit. Regulation Z is a federal regulation prepared by the Federal Reserve Board to carry out the details of the Act. TILA applies to consumer credit transactions. Consumer credit is credit for personal or household use and not commercial use or business purposes.
Delaware Security Agreement in Equipment for Business Purposes — Securing Promissory Note A Delaware Security Agreement in Equipment for Business Purposes — Securing Promissory Note is a legal document that establishes a security interest in specific equipment owned by a borrower to secure a promissory note. This agreement ensures that the lender has a right to take possession of and sell the designated equipment in the event of a default by the borrower. In Delaware, there are different types of security agreement options for businesses seeking to secure a promissory note through equipment collateral. Here are a few variations: 1. General Delaware Security Agreement: This is the most common type of security agreement used to secure a promissory note with equipment as collateral. It typically covers all equipment owned by the borrower, including any future acquisitions, and provides a comprehensive security interest to the lender. 2. Specific Delaware Security Agreement: In certain cases, lenders may opt for a specific security agreement that targets a particular piece of equipment or a specific category of equipment. This type of agreement may be used when the lender wants to secure the promissory note with a high-value asset or equipment essential for the borrower's business operations. 3. Floating Delaware Security Agreement: This agreement allows for flexibility when securing a promissory note with equipment collateral. Rather than specifying particular equipment, a floating security agreement covers a revolving pool of equipment. As the borrower acquires or sells equipment, the security agreement adjusts accordingly to encompass the new assets. 4. Non-Possessory Delaware Security Agreement: This agreement is designed to provide security for equipment that remains in the possession of the borrower. Unlike traditional security agreements where the lender takes possession of the collateral, a non-possessory security agreement lets the borrower hold onto the equipment during the loan term. However, if the borrower defaults, the lender still has the right to take possession and sell the equipment to satisfy the debt. It is crucial for both lenders and borrowers to consult legal professionals when preparing a Delaware Security Agreement in Equipment for Business Purposes — Securing Promissory Note. These agreements require careful drafting to ensure the lender's rights are protected in case of default and to establish a clear and enforceable security interest in the equipment.
