[{"data":1,"prerenderedAt":535},["ShallowReactive",2],{"document-moveable-hypothec-agreement-D990":3},{"document":4,"label":23,"preview":11,"thumb":24,"thumb600":25,"description":5,"descriptionCustom":6,"apiDescription":5,"pages":8,"extension":10,"parents":26,"breadcrumb":30,"related":36,"customDescModule":186,"customdescription":6,"mdFm":187,"mdProseHtml":534},{"description":5,"descriptionCustom":6,"label":7,"pages":8,"size":9,"extension":10,"preview":11,"thumb":12,"svgFrame":13,"seoMetadata":14,"parents":15,"keywords":22},"MOVEABLE HYPOTHEC AGREEMENT This Moveable Hypothec Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Grantor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [COMPANY NAME] (the \"Creditor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHICH PARTIES HAVE AGREED AND DECLARED AS FOLLOWS: INTERPRETATION Definitions The following words and expressions, whenever used in this Deed or in any deed, document or agreement supplemental or ancillary hereto, unless there be something in the subject or the context inconsistent therewith, shall have the following meanings: \"Creditor\" means [COMPANY NAME] and includes any successor thereto; \"Deed of Hypothec\", \"this Deed\", \"this Deed of Hypothec\", \"these presents\", \"herein\", \"hereby\", \"hereunder\" and other similar expressions refer collectively to this Deed of Hypothec, its accompanying schedules as well as any and every deed or other instrument which is supplementary or ancillary hereto or in implementation hereof, the whole as same may be amended, supplemented or restated at any time and from time to time; \"Default\" means any one of the events specified in Section 5.1, the occurrence or failure to occur of which constitutes, or with the passage of time or the giving of notice or both, would constitute an Event of Default; \"Event of Default\" shall have the meaning ascribed to it in Section 5.1; \"Grantor\" means [COMPANY NAME] / [COMPANY NAME] and includes any successor thereto; \"Hypothecated Property\" shall have the meaning ascribed to it in Section 2.1; \"Leases\" shall have the meaning ascribed to it in Section 2.1.1; \"Lien\" means any interest in property or the income or profits therefrom securing an obligation owed to, or a claim by, a person other than the owner of such property, whether such interest is based on common [YOUR COUNTRY LAW], civil [YOUR COUNTRY LAW], statute or contract, and including but not limited to any security interest, hypothec, mortgage, pledge, lien, claim, charge, cession, transfer, assignment, encumbrance, title retention agreement, lessor's interest under a lease which would be capitalized on a balance sheet of the owner of such property or analogous interest in, of or on any property or the income or profits therefrom of a person other than liens incurred in the ordinary course of business and for the purposes thereof, but not in respect of the borrowing of money or the obtaining of credit, and which in the aggregate do not affect in a material manner the use of or the income or profits derived from the property encumbered thereby in the course of the business of the person. \"Obligations\" is the collective reference to all the obligations, present and future, direct and indirect, absolute and contingent, presently owing and due or hereafter to become owing and due to the Creditor whether such obligations result or not from agreements or arrangements between the Grantor and the Creditor or from agreements or arrangements with third parties, pursuant to which the Creditor may in any manner whatsoever become a creditor of the Grantor, or in any other manner whether the Grantor is bound alone or with others as principal or guarantor, including, without limiting the generality of the foregoing, the Leases; \"Permitted Encumbrances\" means, as at any time, any one or more of the following: The Liens resulting from this Deed or which are specifically authorized by this Deed; any other Lien created or permitted with the written consent of the Creditor; Plural and Masculine Unless there be something in the subject or the context inconsistent therewith, words importing the singular only shall include the plural and vice versa and words importing the masculine gender shall include the feminine gender and vice versa, and any reference to currency shall mean [COUNTRY] currency. Division in Articles The division of this Deed into Articles, Sections, subsections and paragraphs and the insertion of titles are for convenience of reference only and do not affect the meaning or the interpretation of the present Deed. HYPOTHECS Principal Hypothec As a general and continuing collateral security for the performance by the Grantor of the Obligations, the Grantor hereby hypothecates to and in favor of the Creditor the following property (collectively referred to herein as the \"Hypothecated Property\") to the extent of the sum of [AMOUNT], with interest thereon at the rate of [PERCENTAGE %]) per annum: all of the rights, titles and interests of the Grantor in, to and under (i) that certain lease agreement dated [DATE] between the Grantor and the Creditor in respect of the lease by the Grantor from the Creditor of the equipment referred to in Section 2.1.2(a), (ii) that certain lease agreement dated [DATE] between the Grantor and the Creditor in respect of the lease by the Grantor from the Creditor of the equipment referred to in Section 2.1.2(b), and (iii) that certain Lease Agreement dated [DATE] between the Grantor and the Creditor in respect of the lease by the Grantor from the Creditor of the equipment referred to in Section 2.1.2(c) (collectively the \"Leases\") together with all renewals thereof; all of the rights, titles and interests of the Grantor in and to the following equipment (the \"Equipment\") under the Leases: ([NUMBER]) [DESCRIBE EQUIPMENT] [SERIAL NUMBERS] ([NUMBER]) [DESCRIBE EQUIPMENT] [SERIAL NUMBERS]; and [NUMBER] [DESCRIBE EQUIPMENT] [SERIAL NUMBERS]; the universality of all proceeds of all insurance policies taken out by the Grantor or on its behalf, at any time and from time to time, in respect of the Hypothecated Property; Additional Hypothec As general and continuing collateral security for the performance by the Grantor of the Obligations not otherwise secured by the hypothecs created under the terms of Section 2.1, including, without limiting the generality of the foregoing, interest on all overdue interest, as well as the costs and expenses incurred by the Creditor in order to preserve or realize upon the Liens created under the terms hereof and all other costs and expenses related to the Obligations, the Grantor hereby hypothecates the Hypothecated Property in favor of the Creditor, to the extent of an additional sum of [AMOUNT] with interest thereon at the rate of [PERCENTAGE %] percent per annum. REPRESENTATIONS AND COVENANTS OF THE GRANTOR So long as any amount payable hereunder or any Obligation is outstanding and unpaid, the Grantor makes the following representations, provides the following warranties and covenants and agrees as follows: Authority to Hypothecate That it has full, good and lawful authority to hypothecate the Hypothecated Property as provided in this Deed. The Hypothecated Property is free and clear of all Liens, except Permitted Encumbrances, and the Grantor will maintain the Hypothecated Property free and clear of all Liens, except Permitted Encumbrances. Payment of Taxes That all federal, provincial and other tax returns of the Grantor which are required to be filed have been duly prepared and timely filed and all taxes, assessments and other governmental levies or charges of any nature or kind whatsoever payable by the Grantor in respect of its property, income. Profits and assets or otherwise have been paid",null,"Moveable Hypothec Agreement","9",92,"doc","https://templates.business-in-a-box.com/imgs/1000px/moveable-hypothec-agreement-D990.png","https://templates.business-in-a-box.com/imgs/250px/990.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#990.xml",{"title":6,"description":6},[16,19],{"label":17,"url":18},"Legal Agreements","/templates/business-legal-agreements/",{"label":20,"url":21},"Deeds","/templates/deed/","moveable hypothec agreement","Moveable Hypothec Agreement Template","https://templates.business-in-a-box.com/imgs/400px/990.png","https://templates.business-in-a-box.com/imgs/600px/990.png",[27,16,19],{"label":28,"url":29},"Templates","/templates/",[31,32,33],{"label":28,"url":29},{"label":17,"url":18},{"label":34,"url":35},"Guaranties & Collateral","/templates/guaranties-and-collateral/",[37,41,45,49,53,57,61,65,69,73,77,81,85,100,119,137,151,169],{"label":38,"url":39,"thumb":40,"extension":10},"General Conveyance Agreement Moveable & Immoveable","/template/general-conveyance-agreement-moveable-immoveable-D332","https://templates.business-in-a-box.com/imgs/250px/332.png",{"label":42,"url":43,"thumb":44,"extension":10},"Hypothec on Movables","/template/hypothec-on-movables-D987","https://templates.business-in-a-box.com/imgs/250px/987.png",{"label":46,"url":47,"thumb":48,"extension":10},"Agreement of Movable Hypothec Without Delivery","/template/agreement-of-movable-hypothec-without-delivery-D1131","https://templates.business-in-a-box.com/imgs/250px/1131.png",{"label":50,"url":51,"thumb":52,"extension":10},"Deed of Hypothec on Movables","/template/deed-of-hypothec-on-movables-D981","https://templates.business-in-a-box.com/imgs/250px/981.png",{"label":54,"url":55,"thumb":56,"extension":10},"Deed of Cancellation of Hypothec","/template/deed-of-cancellation-of-hypothec-D979","https://templates.business-in-a-box.com/imgs/250px/979.png",{"label":58,"url":59,"thumb":60,"extension":10},"Deed of Movable Hypothec","/template/deed-of-movable-hypothec-D982","https://templates.business-in-a-box.com/imgs/250px/982.png",{"label":62,"url":63,"thumb":64,"extension":10},"Movable Hypothec Promissory Note","/template/movable-hypothec-promissory-note-D432","https://templates.business-in-a-box.com/imgs/250px/432.png",{"label":66,"url":67,"thumb":68,"extension":10},"Movable Hypothec Long Form","/template/movable-hypothec-long-form-D284","https://templates.business-in-a-box.com/imgs/250px/284.png",{"label":70,"url":71,"thumb":72,"extension":10},"Non-Profit Partnership Agreement","/template/non-profit-partnership-agreement-D14023","https://templates.business-in-a-box.com/imgs/250px/14023.png",{"label":74,"url":75,"thumb":76,"extension":10},"Acquisition Agreement","/template/acquisition-agreement-D847","https://templates.business-in-a-box.com/imgs/250px/847.png",{"label":78,"url":79,"thumb":80,"extension":10},"Amalgamation Agreement","/template/amalgamation-agreement-D855","https://templates.business-in-a-box.com/imgs/250px/855.png",{"label":82,"url":83,"thumb":84,"extension":10},"Arbitration Agreement","/template/arbitration-agreement-D856","https://templates.business-in-a-box.com/imgs/250px/856.png",{"description":86,"descriptionCustom":6,"label":87,"pages":88,"size":89,"extension":10,"preview":90,"thumb":91,"svgFrame":92,"seoMetadata":93,"parents":94,"keywords":98,"url":99},"SECURITY AGREEMENT This Security Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [SECURED PARTY NAME] (the \" Secured Party\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Debtor\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] For value received, the undersigned Debtor, promises to pay to the order of [name], together with any other holder of this note (\"Secured Party\"), [amount], with interest at the rate of [%] per annum. Payment shall be made in successive equal monthly installments of [amount]. Each such Installment is payable on the [day] of each month, commencing on [date]. Recitals WHEREAS, the Secured Party has extended to the Debtor a certain loan as evidenced by a certain promissory note, in the original principal amount equal to [amount] dated on even date herewith (the \"Note\"); and WHEREAS, the Debtor wishes to grant a first priority security interest in and to all of the Debtor's tangible and intangible personal property pursuant to the terms hereof; NOW, THEREFORE, for and in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the parties hereto covenant and agree as follows: DEFINITIONS The following terms shall have the meanings herein specified unless the context otherwise requires. Such definitions shall be equally applicable to the singular and plural forms of the terms defined: \"Contracts\" shall mean all contracts between the Debtor and one or more additional parties. \"Contract Rights\" shall mean all rights of the Debtor (including, without limitation, all rights to payment) under each Contract. \"Copyrights\" shall mean any [country] copyright to which the Debtor now or hereafter has title, as well as any application for a [country] copyright hereafter made by the Debtor. \"Equipment\" shall mean any \"equipment,\" as such term is defined in the [law or code] as in effect on the date hereof in the State of [state/province], now or hereafter owned by Debtor and, in any event, shall include, but shall not be limited to, all machinery, equipment, furnishings, fixtures and vehicles now or hereafter owned by the Debtor and any and all additions, substitutions and replacements of, any of the foregoing, wherever located, together with all attachments, components, parts, equipment and accessories installed thereon or affixed thereto. \"General Intangibles\" shall have the meaning assigned that term under the [LAW OR CODE] as in effect on the date hereof in the State of [state/province]. \"Goods\" shall have the meaning assigned that term under the [LAW OR CODE] as in effect on the date hereof in the State of [state/province]. \"Inventory\" shall mean all raw materials, workinprocess, and finished inventory of the Debtor of every type or description and all documents of title covering such inventory, and shall specifically include all \"inventory\" as such term is defined in the [law or code] as in effect on the date hereof in the State of [state/province], now or hereafter owned by the Debtor. \"Marks\" shall mean any trademarks and service marks now held or hereafter acquired by the Debtor, which are registered in the [country] Patent and Trademark Office, as well as any unregistered marks used by the Debtor in the [COUNTRY] and trade dress, including logos and/or designs, in connection with which any of these registered or unregistered marks are used. \"Obligations\" shall mean: (i) all indebtedness, obligations and liabilities (including, without limitation, guarantees and other contingent liabilities) of the Debtor to the Secured Party, including but not limited to the Note; (ii) any and all sums advanced by the Secured Party in order to preserve the Collateral or preserve its security interest in the Collateral; and (iii) in the event of any proceeding for the collection or enforcement of any indebtedness, obligations or liabilities of the Debtor referred to in clause (i), after an Event of Default shall have occurred and be continuing, the reasonable expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing or realizing on the Collateral, or of any exercise by the Collateral Agent of its rights hereunder, together with reasonable attorneys' fees and court costs. \"Patents\" shall mean any [country] patent to which the Debtor now or hereafter has title, as well as any application for a [country] patent now or hereafter made by Debtor. \"Proceeds\" shall have the meaning assigned that term under the [law or code] as in effect in the State of [state/province] on the date hereof or under other relevant law and, in any event, shall include, but not be limited to, (i) any and all proceeds of any insurance, indemnity, warranty or guaranty payable to the Secured Party or the Debtor from time to time with respect to any of the Collateral, (ii) any and all payments (in any form whatsoever) made or due and payable to the Debtor from time to time in connection with any requisition, confiscation, condemnation, seizure or forfeiture of all or any part of the Collateral by any governmental authority and (iii) any and all other amounts from time to time paid or payable under or in connection with any of the Collateral. \"Receivables\" shall mean any \"account\" as such term is defined in the [law or code] as in effect on the date hereof in the State of [STATE/PROVINCE], now or hereafter owned by Debtor and, in any event, shall include, but shall not be limited to, all of the Debtor's rights to payment for goods sold or leased or services performed by the Debtor, whether now in existence or arising from time to time hereafter, including, without limitation, rights evidenced by an account, note, contract, security agreement, or other evidence of indebtedness or security, together with (i) all security pledged, assigned, hypothecated or granted to or held by the Debtor to secure the foregoing; (ii) all of the Debtor's right, title and interest in and to any goods, the sale of which gave rise thereto; (iii) all guarantees, endorsements and indemnifications on, or of, any of the foregoing; (iv) all powers of attorney for the execution of any evidence of indebtedness or security or other writing in connection therewith; (v) all books, records, ledger cards and invoices relating thereto; (vi) all evidences of the filing of financing statements and other statements and the registration of other instruments in connection therewith and amendments thereto, notices to other creditors or secured parties, and certificates from filing or other registration officers; (vii) all credit information, reports and memoranda relating thereto and (viii) all other writings related in any way to the foregoing. GRANT OF SECURITY INTEREST The Debtor does hereby grant to the Secured Party a continuing security interest of first priority in all of the right, title and interest of the Debtor in, to and under all of the following property whether now existing or hereafter created or arising: ","Security Agreement","10",96,"https://templates.business-in-a-box.com/imgs/1000px/security-agreement-D915.png","https://templates.business-in-a-box.com/imgs/250px/915.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#915.xml",{"title":6,"description":6},[95,97],{"label":17,"url":96},"business-legal-agreements",{"label":17,"url":96},"security agreement","/template/security-agreement-D915",{"description":101,"descriptionCustom":6,"label":102,"pages":103,"size":104,"extension":10,"preview":105,"thumb":106,"svgFrame":107,"seoMetadata":108,"parents":110,"keywords":109,"url":118},"LOAN AGREEMENT This Loan Agreement (\"Agreement\") is made and effective the [DATE], BETWEEN: [LENDER NAME] (the \"Lender\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Borrower\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] Promise to Pay Within [NUMBER] months from today, Borrower promises to pay to Lender the sum of [AMOUNT], and interest and other charges stated below. Responsibility Although this Agreement may be signed below by more than one person, Borrower understands that both parties are individuals responsible for paying back the full amount. Breakdown of Loan Amount of Loan: Other (Describe): Amount Financed: Finance Charge: Total of Payments: Annual Rate: Repayment Borrower will repay the amount of this note in [NUMBER] equal uninterrupted monthly installments of [AMOUNT] each on the [DAY] of each month starting on the [DATE], and ending on [DATE]. Prepayment Borrower has the right to prepay the whole outstanding amount at any time","Loan Agreement","2",513,"https://templates.business-in-a-box.com/imgs/1000px/loan-agreement-D417.png","https://templates.business-in-a-box.com/imgs/250px/417.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#417.xml",{"title":109,"description":6},"loan agreement",[111,114,117],{"label":112,"url":113},"Finance & Accounting","finance-accounting",{"label":115,"url":116},"Business Loans","business-loan",{"label":115,"url":116},"/template/loan-agreement-D417",{"description":120,"descriptionCustom":6,"label":121,"pages":122,"size":123,"extension":10,"preview":124,"thumb":125,"svgFrame":126,"seoMetadata":127,"parents":128,"keywords":135,"url":136},"MORTGAGE This Mortgage (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Mortgagor\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [MORTGAGEE NAME] (the \"Mortgagee\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] RECITALS WHEREAS, Mortgagor is justly indebted to Mortgagee in the sum of [AMOUNT] in lawful money of [COUNTRY], and has agreed to pay the same, with interest thereon, according to the terms of a certain note (the \"Note\") given by Mortgagor to Mortgagee, bearing even date herewith. DESCRIPTION OF PROPERTY SUBJECT TO LIEN: \"PREMISES\" NOW, THEREFORE, in consideration of the premises and the sum hereinabove set forth, and to secure the payment of the Secured Indebtedness as defined herein, Mortgagor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey unto Mortgagee property situated in [CITY, STATE/PROVINCE] more particularly described in Exhibit\" A\" attached hereto and by this reference made a part hereof; TOGETHER with all buildings, structures and other improvements now or hereafter located on, above or below the surface of the property herein before described, or any part and parcel thereof; and, TOGETHER with all and singular the tenements, easements, riparian and littoral rights, and appurtenances thereunto belonging or in anywise appertaining, whether now owned or hereafter acquired by Mortgagor, and including all rights of ingress and egress to and from adjoining property (whether such rights now exist or subsequently arise) together with the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, claim and demand whatsoever of Mortgagor of, in and to the same and of, in and to every part and parcel thereof; and, TOGETHER with all machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to said property and including all trade, domestic and ornamental fixtures, and articles of personal property of every kind and nature whatsoever (hereinafter collectively called \"Equipment\"), now or hereafter located in, upon or under said property or any part thereof and used or usable in connection with any present or future operation of said property and now owned or hereafter acquired by Mortgagor; and, TOGETHER with all the common elements appurtenant to any parcel, unit or lot which is all or part of the Premises; and, ALL the foregoing encumbered by this Mortgage being collectively referred to herein as the \"Premises\"; TO HAVE AND TO HOLD the Premises hereby granted to the use, benefit and behalf of the Mortgagee, forever. EQUITY OF REDEMPTION Conditioned, however, that if Mortgagor shall promptly pay or cause to be paid to Mortgagee, at its address listed in the Note, or at such other place which may hereafter be designated by Mortgagee, its or their successors or assigns, with interest, the principal sum of [AMOUNT] with final maturity, if not sooner paid, as stated in said Note unless amended or extended according to the terms of the Note executed by Mortgagor and payable to the order of Mortgagee, then these presents shall cease and be void, otherwise these presents shall remain in full force and effect. COVENANTS OF MORTGAGOR Mortgagor covenants and agrees with Mortgagee as follows: Secured Indebtedness: This Mortgage is given as security for the Note and also as security for any and all other sums, indebtedness, obligations and liabilities of any and every kind arising, under the Note or this Mortgage, as amended or modified or supplemented from time to time, and any and all renewals, modifications or extensions of any or all of the foregoing (all of which are collectively referred to herein as the \"Secured Indebtedness\"), the entire Secured Indebtedness being equally secured with and having the same priority as any amounts owed at the date hereof. Performance of Note, Mortgage: Mortgagor shall perform, observe and comply with all provisions hereof and of the Note and shall promptly pay, in lawful money of [COUNTRY], to Mortgagee the Secured Indebtedness with interest thereon as provided in the Note, this Mortgage and all other documents constituting the Secured Indebtedness. Extent Of Payment Other Than Principal And Interest: Mortgagor shall pay, when due and payable, (1) all taxes, assessments, general or special, and other charges levied on, or assessed, placed or made against the Premises, this instrument or the Secured Indebtedness or any interest of the Mortgagee in the Premises or the obligations secured hereby; (2) premiums on policies of fire and other hazard insurance covering the Premises, as required herein; (3) ground rents or other lease rentals; and (4) other sums related to the Premises or the indebtedness secured hereby, if any, payable by Mortgagor. Insurance: Mortgagor shall, at its sole cost and expense, keep the Premises insured against all hazards as is customary and reasonable for properties of similar type and nature located in [CITY, STATE/PROVINCE]. Care of Property: Mortgagor shall maintain the Premises in good condition and repair and shall not commit or suffer any material waste to the Premises. ","Mortgage","4",50,"https://templates.business-in-a-box.com/imgs/1000px/mortgage-D1183.png","https://templates.business-in-a-box.com/imgs/250px/1183.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#1183.xml",{"title":6,"description":6},[129,132],{"label":130,"url":131},"Real Estate","real-estate-business",{"label":133,"url":134},"Business Checklists","business-checklists","mortgage","/template/mortgage-D1183",{"description":138,"descriptionCustom":6,"label":139,"pages":103,"size":104,"extension":10,"preview":140,"thumb":141,"svgFrame":142,"seoMetadata":143,"parents":145,"keywords":144,"url":150},"PERSONAL GUARANTEE This Personal Guarantee (the \"Agreement\") is effective [DATE], BETWEEN: [FIRST PARTY NAME] (the \"Guarantor\"), an individual with his main address located at: [YOUR COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Second Party\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] I, [NAME OF GUARANTOR], residing at [COMPLETE ADDRESS], hereby personally and solidarity guarantee all of the obligations of [YOUR COMPANY NAME] and agree to be bound solidarity with [YOUR COMPANY NAME] for the prompt performance of [YOUR COMPANY NAME]'s obligations under that certain [SPECIFY] Agreement dated [DATE] (the \"Agreement\") between [YOUR COMPANY NAME] and [COMPANY NAME], including without limitation the payment of all goods, wares and merchandise as [YOUR COMPANY NAME] may from time to time select and purchase on credit from [COMPANY NAME], and hereby expressly renounce to the benefits of division and discussion. Furthermore, I agree that waive may extend the time for payment of any amounts owing to it by waive and/or may waive any default by waive without it in any way lessening or limiting my liability hereunder. Notwithstanding the foregoing, my guarantee hereunder to pay any and all amounts owing by [YOUR COMPANY NAME] to [COMPANY NAME] shall be limited to the sum of [AMOUNT] OR [%] of such outstanding amount.","Personal Guarantee","https://templates.business-in-a-box.com/imgs/1000px/personal-guarantee-D405.png","https://templates.business-in-a-box.com/imgs/250px/405.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#405.xml",{"title":144,"description":6},"personal guarantee",[146,147,148],{"label":112,"url":113},{"label":115,"url":116},{"label":34,"url":149},"guaranties-collateral","/template/personal-guarantee-D405",{"description":152,"descriptionCustom":6,"label":153,"pages":154,"size":155,"extension":10,"preview":156,"thumb":157,"svgFrame":158,"seoMetadata":159,"parents":160,"keywords":167,"url":168},"EQUIPMENT LEASE AGREEMENT This Equipment Lease Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Lessor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [COMPANY NAME] (the \"Lessee\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WITNESSETH that in consideration of the mutual covenants and agreements to be performed and kept during the terms hereof and of any renewal, the Lessor and the Lessee covenant and agree as follows: LEASE The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor the equipment described in [SPECIFY SCHEDULE] and in all other Schedules which may hereafter be executed by the [COMPANY NAME] for the purpose of adding equipment thereto, which equipment including all original and replacement items, parts, accessories, and additions relating thereto is hereafter called the \"Equipment\". EQUIPMENT DESCRIPTION The Lessee authorizes the Lessor to complete the description of the Equipment in [SPECIFY SCHEDULE] with the insertion of serial numbers and other details specifically identifying the Equipment, such schedule to be signed by both parties hereto and form part of this Lease. WARRANTIES BY LESSEE & LESSOR The Lessee and Lessor each represents and warrants that it has the power to enter into this lease, and that this lease is properly and lawfully authorized and executed by it. LESSOR'S WARRANTIES Lessor and Lessee acknowledge that there are no other warranties, conditions, terms, representations of inducements expressed or implied statutory or otherwise, save as are expressly contained in this lease. Lessor warrants that the equipment shall be delivered to the Lessee in accordance with the specifications contained in [SPECIFY SCHEDULE]. The Lessor makes no representations with respect to the suitability of the equipment to the Lessee's operations. Lessor's warranties shall not extend to any party assigned this Lease by Lessor pursuant to Clause [NUMBER] herein. WARRANTIES BY MANUFACTURERS Any warranties, conditions or guarantees by the manufacturers or suppliers of the Equipment are theirs alone and not the Lessor's but are for the joint and several benefit of and enforcement by the Lessee and the Lessor. Any claims of the Lessee in connection with manufacturer's warranties, conditions or guarantees shall be made directly by the Lessor (but not Lessor's assignee) on behalf of the Lessee against the manufacturer or supplier only. TITLE The Lessor covenants that it has good titles to the Equipment and the Lessee acknowledges the Lessor's ownership of and title to the Equipment and covenants to defend the same against any contrary claim. TERM The term of this lease with respect to each piece of Equipment shall commence on the date of acceptance thereof by the Lessee in accordance with Clause [NUMBER] herein and shall continue for the term specified in [SPECIFY SCHEDULE] hereto. Rental payments with respect to each piece of Equipment shall commence and accrue due to the Lessor on such date of acceptance of such piece of Equipment by the Lessee. POSSESSION, LOCATION The Lessee shall take and, when not in default hereunder, retain exclusive control of the Equipment from the Lessee's location shown on [SPECIFY SCHEDULE]. The Lessee shall not change such location without the Lessor's prior written consent, which will not be unreasonably withheld. PERSONAL PROPERTY, LANDLORD'S DISTRESS The Equipment is and shall remain personal and moveable property. The Lessee shall not affix the Equipment nor permit it to be affixed so that it becomes part of realty and shall notify the Lessee's, Landlords, mortgagees, insurers and all others who may have an interest in or claim against the premises where the Equipment is to be located. Any removal from such premises shall be at the Lessee's risk and expense. IDENTIFICATION PLATES The Lessor may affix plates, tags or markings to the Equipment showing its interest therein, and the Lessee may display its name and such other information as may reasonably promote its business, such Lessee's markings shall be mutually approved by the parties. All Lessee's markings must be removed by the Lessee upon termination of the lease. ORDER, DELIVERY, INSTALLATION Order and delivery and installations of the Equipment shall be entirely at the Lessor's risk and expense and shall be arranged by the Lessor on behalf of the Lessee in a manner and upon terms and conditions according to the Lessee's written instructions and, to the extent of such instructions are not provided for, according to the Lessor's sole discretion but still at the Lessor's risk and expense. The Lessor shall not be responsible for any costs, losses or damages suffered by the Lessee arising out of or in connection with delays in or refusal to accept delivery of equipment. INSPECTION The Lessee shall inspect the equipment prior to delivery and accept or reject it. Notice of rejections shall be received in writing within [NUMBER] hours by the Lessor and in the absence thereof, the Lessee shall be deemed conclusively to have accepted the Equipment. Rejection shall only occur if the equipment is not in accordance with the specifications contained in [SPECIFY SCHEDULE] or as the result of faulty materials or workmanship. RE-DELIVERY, REMOVAL AT TERMINATION Upon termination of this lease for any reason, the Lessee shall deliver the Equipment entirely at its own expense to an address as designated by the Lessor in the same condition as received, reasonable wear and tear from proper use only accepted, within [NUMBER] days of the date of termination. Brakes and tires will show no more than [PERCENTAGE %] wear for each year of the Lease has elapsed and the trailers must have all signage and customer specified paint removed and returned to a white color. All damages from accident and abuse must be repaired prior to the termination of the Lease in a manner approved by the Lessor. RENT: OTHER PAYMENTS: NO SET-OFF The Lessee shall pay to the Lessor rental in the amount and at the times shown in Schedule \"A\" hereto. The Lessee shall pay to the Lessor on demand all other amounts becoming payable hereunder. The Lessee shall make such payments to the Lessor at the address of the Lessor shown above or as otherwise designated by the Lessor, without any set-off or reduction whatsoever for claims the Lessee may assert against the Lessor. Any payment not paid by the due date shall bear interest thereafter at [PERCENTAGE %] per month. UNCONDITIONAL PAYMENT Lessee's obligation to pay rent and other amounts hereunder shall be absolute and unconditional under all circumstances and without limiting the generality of the foregoing, shall not be affected by the following: Failure of the Equipment to perform in the manner expected by the Lessee. Damage to or destruction of the Equipment so that it is either completely beyond repair or partially so and whether or not it is economically justifiable to repair. Theft of the Equipment or part thereof irrespective of whether the Equipment was insured by the Lessee or the Equipment is uninsured. Seizure of the Equipment by a third party (including landlord or mortgages of the premises on which the Equipment is located). USE: MAINTENANCE: REPAIR The Lessee shall comply with all applicable laws, rules and regulations of government or other authority, with all manufacturer's and Lessor's published operation and maintenance instructions and specifications, and with all terms of any insurance policy in connection with the Equipment. The Lessor may inspect the state of repair of the Equipment at any reasonable time. ALTERATIONS ETC. TO EQUIPMENT","Equipment Lease Agreement","7",71,"https://templates.business-in-a-box.com/imgs/1000px/equipment-lease-agreement-D1140.png","https://templates.business-in-a-box.com/imgs/250px/1140.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#1140.xml",{"title":6,"description":6},[161,164],{"label":162,"url":163},"Production & Operations","production-operations",{"label":165,"url":166},"Equipment Agreement","equipment-agreement","equipment lease agreement","/template/equipment-lease-agreement-D1140",{"description":170,"descriptionCustom":6,"label":171,"pages":172,"size":173,"extension":10,"preview":174,"thumb":175,"svgFrame":176,"seoMetadata":177,"parents":178,"keywords":184,"url":185},"PROMISSORY NOTE This Promissory Note (the \"Note\") is made and effective the [DATE], BETWEEN: [LENDER NAME] (the \"Lender\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Borrower\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] TERMS FOR VALUE RECEIVED, the Borrower promises to pay to the order of Lender, at its principal office located at [ADDRESS], or at such other place that is designated in writing by the holder hereof, the principal sum of [AMOUNT], together with all charges and interest herein provided, payable at the rate and in the manner hereinafter set forth: Borrower shall make monthly payments of principal and interest at the rate of [%] per annum based upon an amortization of [NUMBER] months. Monthly payments shall be due on or before the first day of each month with the first payment being due on or before [DATE]. If not sooner paid, all amounts due under this Note, including principal, interest and other charges shall be due and payable in full on or before the first day of [MONTH], [YEAR] (the \"Maturity Date\"). Time is of the essence of the payment obligations hereunder and each monthly payment shall be due and payable on or before the first day of each month. This Note is and will be secured by a certain first priority security interest in all of the tangible and intangible property of the Borrower, to be recorded in all applicable governmental offices. The parties shall execute a separate security agreement, in form and substance acceptable to the Lender in all respects. Borrower agrees to execute any such security agreements presented by the Lender or other documents required by the Lender in order to perfect its security interest in the above described property. Said Security Agreement and any other instruments and documents executed in connection with or given as security for this Note shall hereinafter be referred to collectively as the \"Loan Documents.\" All of the terms, covenants, Conditions, representations and warranties contained in the Loan Documents are hereby made part of this Note to the same extent and with the same force and effect as if fully set forth herein. If all or any portion of any payment due hereunder is not received by the Lender within [NUMBER] calendar days after the date when such payment is due, Borrower shall pay a late charge equal to [%] of such payment, such late charge to be immediately due and payable without demand by Lender. Borrower shall have the right to prepay all (but not a portion) of the indebtedness evidenced by this Note at any time, by paying the Lender an amount equal to the sum of (I) the principal balance then outstanding, (ii) all interest accrued to the date of such prepayment, (iii) all interest calculated through the Maturity Date, and (iv) any late charge or charges then due and owing. If any payment under this Note is not paid in full by the [DAY] of any month during the term hereof or if the entire amount due as represented by this Note is not paid in full on or before the Maturity Date, or should default be made in the performance or observation of any of the terms, covenants, or conditions contained in the Loan Documents, or if any representation or warranty contained in the Loan Documents is breached or is or becomes untrue, this Note shall be in default, and the entire principal amount outstanding hereunder, accrued interest thereon, all late charges, if any, and any and all other charges due hereunder, shall, at Lender's option, immediately become due and payable, without further notice, the giving of such notice being expressly waived by the Borrower","Promissory Note","3",39,"https://templates.business-in-a-box.com/imgs/1000px/promissory-note-D434.png","https://templates.business-in-a-box.com/imgs/250px/434.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#434.xml",{"title":6,"description":6},[179,180,181],{"label":112,"url":113},{"label":115,"url":116},{"label":182,"url":183},"Promissory Notes","promisory-note","promissory note","/template/promissory-note-D434",false,{"seo":188,"reviewer":200,"quick_facts":204,"at_a_glance":207,"personas":211,"variants":236,"glossary":263,"clauses":297,"how_to_fill":348,"common_mistakes":389,"faqs":414,"industries":442,"comparisons":467,"diy_vs_lawyer":480,"jurisdictions":493,"related_template_ids_curated":514,"schema":521,"classification":522},{"meta_title":189,"meta_description":190,"primary_keyword":22,"secondary_keywords":191},"Moveable Hypothec Agreement Template (Free Word)","Free moveable hypothec agreement template for securing loans against moveable property. Trusted by companies in USA, Canada, UK, Australia, and 190+ countries. Free Word and PDF download.",[192,193,194,195,196,197,198,199],"moveable hypothec agreement template","hypothec agreement template word","secured loan agreement moveable property","movable hypothec contract","hypothec agreement free download","business hypothec agreement","secured creditor agreement template","hypothecation agreement template",{"name":201,"credential":202,"reviewed_date":203},"Bruno Goulet","CEO, Business in a Box","2026-05-02",{"difficulty":205,"legal_review_recommended":206,"signature_required":206},"advanced",true,{"what_it_is":208,"when_you_need_it":209,"whats_inside":210},"A Moveable Hypothec Agreement is a legally binding security document in which a debtor grants a creditor a security interest over moveable property — such as equipment, inventory, receivables, or intellectual property — as collateral for a loan or credit facility. This free Word download gives you a structured, attorney-ready starting point you can edit online and export as PDF for execution by both parties.\n","Use it when a lender requires collateral security over personal or moveable business property before advancing funds, or when a borrower wishes to grant a security interest without transferring ownership or possession of the collateral to the creditor.\n","Identification of the parties and collateral, the secured obligations, representations and warranties, covenants to preserve collateral value, default and enforcement rights, priority and registration provisions, release conditions, and governing law.\n",[212,216,220,224,228,232],{"title":213,"use_case":214,"icon_asset_id":215},"Small business owners","Securing a term loan or line of credit against business equipment or inventory","persona-small-business-owner",{"title":217,"use_case":218,"icon_asset_id":219},"Commercial lenders","Documenting a security interest over a borrower's moveable assets before advancing funds","persona-lender",{"title":221,"use_case":222,"icon_asset_id":223},"Equipment finance companies","Attaching a hypothec to financed machinery so the lender holds enforceable collateral","persona-equipment-financier",{"title":225,"use_case":226,"icon_asset_id":227},"Startup founders","Pledging receivables or IP as collateral to secure bridge financing without giving up equity","persona-startup-founder",{"title":229,"use_case":230,"icon_asset_id":231},"Corporate finance managers","Granting a floating charge over a company's moveable asset pool as part of a credit facility","persona-cfo",{"title":233,"use_case":234,"icon_asset_id":235},"Private lenders","Formalizing security arrangements for loans made outside of traditional banking channels","persona-private-lender",[237,241,245,249,252,255,259],{"situation":238,"recommended_template":239,"slug":240},"Securing a loan against real property such as land or a building","Mortgage Agreement","mortgage-D1183",{"situation":242,"recommended_template":243,"slug":244},"Creating a general security interest over all present and after-acquired personal property","General Security Agreement","security-agreement-D915",{"situation":246,"recommended_template":247,"slug":248},"Pledging shares or financial instruments as collateral","Share Pledge Agreement","share-donation-agreement-D341",{"situation":250,"recommended_template":153,"slug":251},"Securing a specific piece of equipment under a conditional sale arrangement","equipment-lease-agreement-D1140",{"situation":253,"recommended_template":102,"slug":254},"Documenting the underlying loan that the hypothec secures","loan-agreement-D417",{"situation":256,"recommended_template":257,"slug":258},"Assigning receivables as collateral for short-term working capital","Assignment of Receivables Agreement","assignment-agreement-D12542",{"situation":260,"recommended_template":261,"slug":262},"Guaranteeing a third party's obligations secured by moveable property","Personal Guarantee Agreement","personal-guarantee-D405",[264,267,270,273,276,279,282,285,288,291,294],{"term":265,"definition":266},"Hypothec","A security right granted over property as collateral for an obligation, without transferring ownership or physical possession to the creditor.",{"term":268,"definition":269},"Moveable Property","Property that can be physically moved or transferred — including equipment, inventory, vehicles, receivables, and intellectual property — as distinct from immoveable property such as land.",{"term":271,"definition":272},"Hypothecation","The act of pledging moveable property as collateral for a debt while the debtor retains use and possession of that property.",{"term":274,"definition":275},"Secured Obligation","The specific loan, credit facility, or other debt that the hypothec is created to secure, including principal, interest, fees, and enforcement costs.",{"term":277,"definition":278},"Collateral","The specific moveable assets identified in the agreement over which the creditor holds a security interest until the secured obligation is repaid.",{"term":280,"definition":281},"Default","A defined event — such as missed payment, insolvency, or breach of covenant — that entitles the creditor to enforce its security interest against the collateral.",{"term":283,"definition":284},"Registration","The public filing of a security interest in the applicable personal property registry, giving the creditor priority over subsequent creditors and third-party buyers.",{"term":286,"definition":287},"Priority","The ranking of competing security interests over the same collateral, generally determined by the order of registration in the personal property security registry.",{"term":289,"definition":290},"Floating Charge","A security interest that attaches to a changing pool of assets — such as inventory — and crystallizes into a fixed charge upon a defined default event.",{"term":292,"definition":293},"Enforcement","The creditor's legal right to seize, sell, or otherwise realize on the collateral following the debtor's default on the secured obligation.",{"term":295,"definition":296},"Release","The formal discharge of the hypothec once the secured obligation has been repaid in full, typically accompanied by a discharge filing in the personal property registry.",[298,303,308,313,318,323,328,333,338,343],{"name":299,"plain_english":300,"sample_language":301,"common_mistake":302},"Parties and recitals","Identifies the creditor (hypothecary creditor) and debtor (hypothecary grantor) as legal entities and states the commercial context for granting the security.","This Moveable Hypothec Agreement is entered into as of [DATE] between [CREDITOR LEGAL NAME], a [ENTITY TYPE] incorporated under the laws of [JURISDICTION] ('Creditor'), and [DEBTOR LEGAL NAME], a [ENTITY TYPE] incorporated under the laws of [JURISDICTION] ('Debtor').","Using a trade name instead of the registered legal entity name — the security interest may be unenforceable against a bankruptcy trustee if the debtor's name in the registry does not match the correct legal name.",{"name":304,"plain_english":305,"sample_language":306,"common_mistake":307},"Description of collateral","Precisely identifies the moveable property over which the hypothec is granted — whether specific named assets, a category of assets, or an after-acquired property clause covering future acquisitions.","The Debtor hereby hypothecates in favour of the Creditor all present and after-acquired [EQUIPMENT / INVENTORY / RECEIVABLES / INTELLECTUAL PROPERTY] described in Schedule A attached hereto, including all proceeds, replacements, and accessions thereto.","Describing collateral too broadly without a Schedule A — vague descriptions like 'all assets' without specific enumeration can fail registration requirements and create priority disputes with other secured creditors.",{"name":309,"plain_english":310,"sample_language":311,"common_mistake":312},"Secured obligations","Defines the specific debt or obligation the hypothec secures, including the principal amount, interest rate, maturity date, and any fees or future advances covered.","This hypothec secures all present and future obligations of the Debtor to the Creditor, including the principal sum of $[AMOUNT] advanced pursuant to the Loan Agreement dated [DATE], interest at [RATE]% per annum, and all costs of enforcement.","Limiting the secured amount to the initial advance without including a future advances clause — this prevents the same collateral from securing additional draws under a revolving credit facility without a new registration.",{"name":314,"plain_english":315,"sample_language":316,"common_mistake":317},"Representations and warranties","The debtor confirms ownership of the collateral, absence of prior encumbrances, legal authority to grant the hypothec, and that the collateral description is accurate.","The Debtor represents and warrants that: (a) it is the sole legal and beneficial owner of the Collateral free of any Encumbrance except as disclosed in Schedule B; (b) it has full authority to grant this hypothec; and (c) the Collateral descriptions in Schedule A are complete and accurate.","Omitting a warranty that no prior security interests exist — if an undisclosed prior hypothec surfaces after funding, the new creditor may rank behind the existing secured party with no recourse.",{"name":319,"plain_english":320,"sample_language":321,"common_mistake":322},"Covenants to maintain collateral","The debtor's ongoing obligations while the hypothec is in force — maintaining insurance, keeping collateral in good repair, not disposing of it without consent, and notifying the creditor of material changes.","Until full discharge, the Debtor shall: (a) insure the Collateral against loss or damage for not less than $[AMOUNT] naming Creditor as additional insured; (b) maintain the Collateral in good working order; and (c) not sell, transfer, or further encumber the Collateral without Creditor's prior written consent.","No minimum insurance requirement — if the collateral is destroyed and uninsured, the creditor's security evaporates with no contractual recourse against the debtor beyond an unsecured claim.",{"name":324,"plain_english":325,"sample_language":326,"common_mistake":327},"Events of default","Lists the specific events — missed payments, insolvency, breach of covenant, material adverse change, or cross-default — that trigger the creditor's right to enforce the hypothec.","Each of the following constitutes an Event of Default: (a) failure to pay any amount due under the Secured Obligations within [X] days of the due date; (b) the Debtor becoming insolvent or making an assignment for the benefit of creditors; (c) any material breach of a covenant in this Agreement that is not remedied within [X] days of written notice.","Omitting a cure period for non-payment defaults — courts in several jurisdictions have refused to enforce immediate enforcement rights where the debtor was not given reasonable notice and an opportunity to remedy.",{"name":329,"plain_english":330,"sample_language":331,"common_mistake":332},"Enforcement rights","States the creditor's remedies upon default — appointment of a receiver, seizure and sale of collateral, collection of receivables, and the right to enter premises — along with any notice requirements before enforcement begins.","Upon an Event of Default, Creditor may, without further notice except as required by law: (a) appoint a receiver over the Collateral; (b) take possession of and sell the Collateral by private sale or public auction; (c) collect and apply any receivables forming part of the Collateral to the Secured Obligations.","Waiving the statutory notice period required before seizure — many personal property security statutes impose a mandatory minimum notice period of 10–20 days before the creditor can seize and sell; contractual waivers of this period are void.",{"name":334,"plain_english":335,"sample_language":336,"common_mistake":337},"Registration and priority","Obligates the debtor to cooperate with registration filings, confirms the creditor's right to register the security interest in the applicable personal property registry, and addresses priority ranking relative to other creditors.","The Debtor authorizes the Creditor to register a financing statement in the [PROVINCE / STATE] Personal Property Registry describing the Collateral. The Debtor shall execute all documents reasonably required to perfect and maintain the priority of the Creditor's security interest.","Granting the hypothec but failing to register it — an unregistered security interest is unperfected and loses priority to a subsequent registered creditor or a bankruptcy trustee who takes free of unregistered interests.",{"name":339,"plain_english":340,"sample_language":341,"common_mistake":342},"Release and discharge","Sets out the conditions under which the hypothec is discharged — full repayment of the secured obligations — and the creditor's obligation to file a discharge with the personal property registry within a specified period.","Upon full and final payment and satisfaction of all Secured Obligations, the Creditor shall, within [30] days of written request by the Debtor, execute and deliver a discharge of this hypothec and file a financing change statement discharging any registered financing statement.","No deadline for the creditor to file a discharge — debtors have experienced registry encumbrances persisting for months after repayment because the agreement imposed no obligation on the creditor to act promptly.",{"name":344,"plain_english":345,"sample_language":346,"common_mistake":347},"Governing law and dispute resolution","Specifies the jurisdiction whose law governs the agreement and how disputes are resolved — litigation, arbitration, or mediation — including venue.","This Agreement is governed by the laws of [PROVINCE / STATE / COUNTRY] and the federal laws applicable therein. Any dispute arising under this Agreement shall be resolved by [binding arbitration administered by [BODY] in [CITY] / proceedings in the courts of [JURISDICTION]].","Choosing a governing law with no real connection to where the collateral is located — personal property security law is territorial, and courts often apply the law of the jurisdiction where the collateral is situated regardless of the contractual choice.",[349,354,359,364,369,374,379,384],{"step":350,"title":351,"description":352,"tip":353},1,"Identify both parties with their full legal names","Enter the creditor's and debtor's registered legal entity names exactly as they appear in the applicable corporate registry. Include entity type, jurisdiction of incorporation, and registered addresses.","Search the relevant corporate registry before signing — a single word difference between the contract name and the registry name can invalidate the security registration.",{"step":355,"title":356,"description":357,"tip":358},2,"Describe the collateral with precision in Schedule A","List every category of moveable property being hypothecated — equipment by serial number where applicable, inventory by description, receivables by reference to the underlying contracts, and IP by registration number. Include an after-acquired property clause if the collateral pool will grow over time.","For floating charges over inventory, add language that the hypothec covers all inventory 'of whatever nature, now owned or hereafter acquired' to avoid disputes when stock turns over.",{"step":360,"title":361,"description":362,"tip":363},3,"Define the secured obligations completely","State the principal amount, interest rate, maturity date, and all fees covered. Add a future advances clause if the facility is revolving or if additional draws are anticipated.","Cap the secured amount at 150% of the initial advance if you want to cover future advances and enforcement costs without registering a new hypothec for each draw.",{"step":365,"title":366,"description":367,"tip":368},4,"Complete the representations and warranties section","Have the debtor confirm in writing that it owns the collateral free of undisclosed encumbrances, that no prior security interests exist except as listed in Schedule B, and that it has authority to grant the hypothec.","Request a personal property registry search in the debtor's jurisdiction before closing — this confirms whether prior security interests exist that would outrank yours.",{"step":370,"title":371,"description":372,"tip":373},5,"Set the insurance and maintenance covenants","Specify the minimum insurance coverage amount, require the creditor to be named as an additional insured or loss payee, and state the debtor's obligations to maintain collateral in good repair and report any material damage or loss within a defined period.","Request a certificate of insurance naming the creditor as additional insured at closing and require annual renewal certificates — do not rely on the debtor's verbal confirmation.",{"step":375,"title":376,"description":377,"tip":378},6,"Define events of default and cure periods","List each triggering event explicitly — payment default, insolvency, covenant breach, change of control, or material adverse change. Include a cure period of 10–30 days for non-payment defaults to reduce legal vulnerability.","A cross-default clause — making default under any other material agreement an event of default here — is standard for multi-facility borrowers but should be calibrated to avoid triggering on immaterial debts.",{"step":380,"title":381,"description":382,"tip":383},7,"Register the security interest promptly after signing","File a financing statement in the applicable personal property security registry immediately after execution. The priority clock starts on the registration date, not the agreement date.","In Canada's Quebec civil law system, hypothecs over certain assets must be published in the Register of Personal and Movable Real Rights (RPMRR) — a different registry from common-law provinces. Confirm the correct registry before filing.",{"step":385,"title":386,"description":387,"tip":388},8,"Execute and store the agreement securely","Both parties sign the agreement and each Schedule before or on the same day the funds are advanced. Store the executed original and registry confirmation number together in a secure document management system.","Use Business in a Box eSign to timestamp execution and create an immutable audit trail — this matters if the security interest is challenged in insolvency proceedings.",[390,394,398,402,406,410],{"mistake":391,"why_it_matters":392,"fix":393},"Failing to register the security interest before advancing funds","An unregistered hypothec is unperfected. A bankruptcy trustee or a subsequent registered secured creditor takes the collateral free of an unregistered interest, leaving the creditor with an unsecured claim only.","Register the financing statement in the applicable personal property registry before or simultaneously with advancing any funds. Make registration a condition precedent to the first advance.",{"mistake":395,"why_it_matters":396,"fix":397},"Using an imprecise collateral description","A vague description such as 'all business assets' without a Schedule A may fail to meet the registry's specificity requirements and can be challenged as insufficient to identify the collateral in enforcement proceedings.","Attach a Schedule A listing collateral by category with specific identifiers — serial numbers for equipment, account numbers for receivables, registration numbers for IP — and include an after-acquired property clause where applicable.",{"mistake":399,"why_it_matters":400,"fix":401},"Omitting a future advances clause in a revolving facility","Without a future advances clause, each new draw under a revolving credit line may require a fresh hypothec and new registration filing, creating gaps in security coverage and additional transaction costs.","Include language confirming the hypothec secures 'all present and future advances' up to a stated maximum, and register the full maximum amount at the outset.",{"mistake":403,"why_it_matters":404,"fix":405},"Choosing a governing law with no connection to the collateral's location","Personal property security law is territorial. Courts routinely apply the law of the jurisdiction where the collateral is situated at the time of the dispute, overriding a contractual governing-law clause — and the creditor may find itself bound by a law it never considered.","Select the governing law of the jurisdiction where the collateral is primarily located and used, and register in that jurisdiction's personal property registry regardless of where the parties are incorporated.",{"mistake":407,"why_it_matters":408,"fix":409},"No minimum insurance covenant or loss-payee designation","If the collateral is destroyed by fire, flood, or theft and the debtor carries no adequate insurance naming the creditor as payee, the creditor's security disappears with the assets and the remaining claim is unsecured.","Require the debtor to maintain all-risk insurance at replacement value, name the creditor as additional insured and loss payee, and obtain a certificate of insurance at closing with annual renewal obligations.",{"mistake":411,"why_it_matters":412,"fix":413},"No deadline for the creditor to file a discharge after repayment","Without a contractual deadline, discharged debts can leave active financing statements on the registry for years, damaging the debtor's credit profile and blocking subsequent financing.","Specify that the creditor must file a discharge financing change statement within 30 days of full repayment and written request by the debtor, and include a liquidated damages clause for non-compliance.",[415,418,421,424,427,430,433,436,439],{"question":416,"answer":417},"What is a moveable hypothec agreement?","A moveable hypothec agreement is a security document in which a debtor grants a creditor a registered security interest over moveable property — such as equipment, inventory, receivables, or intellectual property — as collateral for a loan or credit obligation. Unlike a mortgage, which attaches to real property, a moveable hypothec covers personal or moveable assets. The debtor typically retains possession and use of the collateral while the hypothec is in force, and the creditor's interest is extinguished upon full repayment.\n",{"question":419,"answer":420},"What types of property can be covered by a moveable hypothec?","Moveable property includes tangible assets such as machinery, vehicles, equipment, and inventory, as well as intangible assets such as accounts receivable, intellectual property rights, financial instruments, and licences. A well-drafted hypothec can cover a specific identified asset, a defined category of assets, or a floating pool of after-acquired property that changes over time — such as a retailer's revolving inventory.\n",{"question":422,"answer":423},"What is the difference between a moveable hypothec and a general security agreement?","A moveable hypothec and a general security agreement (GSA) are functionally similar — both create a security interest over personal property to secure a debt — but they arise from different legal traditions. Hypothecs are the terminology used in civil law jurisdictions (Quebec, France, Louisiana), while GSAs are the standard instrument in common-law jurisdictions governed by personal property security legislation (most Canadian provinces, US UCC Article 9). In practice, the operational mechanics of collateral description, registration, priority, and enforcement are broadly comparable.\n",{"question":425,"answer":426},"Does a moveable hypothec need to be registered?","Yes. Registration in the applicable personal property security registry is essential to perfect the security interest and establish priority over subsequent creditors and a bankruptcy trustee. In Quebec, moveable hypothecs are published in the Register of Personal and Movable Real Rights (RPMRR). In common-law provinces, the equivalent filing is a financing statement under the applicable Personal Property Security Act. An unregistered hypothec is binding between the parties but ranks behind any registered interest and is generally void against a trustee in bankruptcy.\n",{"question":428,"answer":429},"Can a debtor still use collateral while a moveable hypothec is in force?","Yes. One of the defining features of a hypothec is that the debtor retains possession and ordinary use of the collateral while it is in force. The creditor holds a security interest in the property but does not take physical custody. The debtor is typically required to maintain the collateral in good repair, keep it insured, and not dispose of it without the creditor's consent. Ordinary use — operating machinery, selling inventory in the normal course of business — is generally permitted.\n",{"question":431,"answer":432},"What happens if the debtor defaults under a moveable hypothec agreement?","Upon a defined event of default — typically missed payments, insolvency, or breach of a material covenant — the creditor may enforce its security interest by appointing a receiver, taking possession of the collateral, and selling it by private sale or public auction. Most personal property security statutes require the creditor to provide a minimum notice period (commonly 10–20 days) before seizure and sale, and the proceeds are applied first to enforcement costs and then to the outstanding secured obligation. Any surplus belongs to the debtor.\n",{"question":434,"answer":435},"Is a moveable hypothec agreement the same as a pledge?","No. A pledge requires the creditor to take physical possession of the collateral — the debtor hands over the asset as security. A hypothec allows the debtor to retain possession and use of the property while granting the creditor a registered security right over it. Pledges are common for financial instruments and valuables; hypothecs are more practical for operating assets like equipment and inventory that the business needs to keep running.\n",{"question":437,"answer":438},"Do I need a lawyer to prepare a moveable hypothec agreement?","For straightforward secured lending over a single identified asset with a simple loan structure, a high-quality template reviewed by the parties is generally adequate. Legal counsel is strongly recommended when the collateral pool is complex or includes IP, when the borrower operates in multiple jurisdictions requiring parallel registrations, when the facility is revolving or involves future advances, or when the debtor is in a financial difficulty situation. Errors in collateral description, governing law, or registration can cost the creditor its entire security position.\n",{"question":440,"answer":441},"How long does a moveable hypothec registration remain valid?","In most personal property security registries, a financing statement filed to support a hypothec or security agreement remains valid for the period stated at registration — commonly 1, 3, 5, 10, or 25 years, or an indefinitely renewable term. The creditor must renew the registration before it lapses to preserve priority. Upon full repayment of the secured obligations, the creditor is obligated to file a discharge to clear the debtor's title on the registry.\n",[443,447,451,455,459,463],{"industry":444,"icon_asset_id":445,"specifics":446},"Manufacturing","industry-manufacturing","Hypothecs over production equipment, raw material inventory, and finished goods stock are standard collateral for working capital and equipment finance lines.",{"industry":448,"icon_asset_id":449,"specifics":450},"Transportation and Logistics","industry-logistics","Commercial vehicle fleets and specialized transport equipment are commonly hypothecated by unit, with VIN-level collateral schedules and fleet replacement covenants.",{"industry":452,"icon_asset_id":453,"specifics":454},"Technology / SaaS","industry-saas","IP assets — patents, software licences, and trademarks — are increasingly used as hypothec collateral for non-dilutive revenue-based financing and IP-backed loans.",{"industry":456,"icon_asset_id":457,"specifics":458},"Retail and Wholesale","industry-retail","Floating charges over revolving inventory are the dominant structure, with after-acquired property clauses to capture new stock and a borrowing base formula tying the credit limit to inventory value.",{"industry":460,"icon_asset_id":461,"specifics":462},"Agriculture","industry-agriculture","Crop inputs, harvested grain, and agricultural equipment are common collateral under agricultural hypothecs, often with seasonal advance structures tied to planting and harvest cycles.",{"industry":464,"icon_asset_id":465,"specifics":466},"Healthcare","industry-healthtech","Medical equipment financing frequently uses hypothecs over imaging machines, surgical equipment, and diagnostic devices, with strict maintenance and certification covenants.",[468,471,474,477],{"vs":243,"vs_template_id":469,"summary":470},"general-security-agreement-D989","A general security agreement (GSA) is the common-law equivalent of a moveable hypothec — both create a security interest over personal property. A GSA typically covers all present and after-acquired personal property of the debtor, while a moveable hypothec can be scoped to specific assets. In Quebec, the hypothec is the proper instrument under the Civil Code; in common-law provinces and US states, the GSA governed by PPSA or UCC Article 9 is the standard vehicle.",{"vs":239,"vs_template_id":472,"summary":473},"mortgage-agreement-D13347","A mortgage attaches to immoveable property — land, buildings, and fixtures permanently affixed to land. A moveable hypothec covers personal, moveable assets. The two instruments are used in parallel when a lender takes a package of security over both real property and the operating assets of a business. Registration requirements, priority rules, and enforcement procedures differ significantly between the two.",{"vs":102,"vs_template_id":475,"summary":476},"loan-agreement-D166","A loan agreement documents the terms of the debt — amount, interest rate, repayment schedule, and covenants. A moveable hypothec agreement creates the security interest that backs that debt. The two documents are complementary, not alternatives: the loan agreement creates the obligation; the hypothec secures it. A loan advanced without a hypothec is unsecured and ranks behind all secured creditors in a default or insolvency.",{"vs":261,"vs_template_id":478,"summary":479},"personal-guarantee-D13354","A personal guarantee makes an individual — typically a director or shareholder — personally liable for the debtor's obligations. A moveable hypothec is a security interest in specific property, not a personal obligation. Lenders often require both: the hypothec provides asset-backed recourse against the collateral; the guarantee provides recourse against the guarantor's personal assets if the collateral is insufficient to cover the debt.",{"use_template":481,"template_plus_review":485,"custom_drafted":489},{"best_for":482,"cost":483,"time":484},"Simple secured loans over a single identified asset between parties in the same jurisdiction with a straightforward repayment structure","Free","30–60 minutes",{"best_for":486,"cost":487,"time":488},"Working capital facilities with floating charges over inventory, multi-asset collateral pools, or cross-provincial arrangements","$400–$900 for a lawyer review and registry filing assistance","2–5 days",{"best_for":490,"cost":491,"time":492},"Complex multi-jurisdictional credit facilities, IP-backed lending, syndicated loans, or transactions where the debtor is in financial difficulty","$2,000–$8,000+","1–3 weeks",[494,499,504,509],{"code":495,"name":496,"flag_asset_id":497,"note":498},"us","United States","flag-us","In the United States, security interests in moveable personal property are governed by Article 9 of the Uniform Commercial Code (UCC), adopted in all 50 states with minor variations. The equivalent of a hypothec is a 'security agreement,' and perfection is achieved by filing a UCC-1 financing statement with the Secretary of State in the debtor's jurisdiction of organization. Priority is generally determined by order of filing. Louisiana, as a civil law state, uses hypothec terminology under its Civil Code but has largely harmonized its personal property security rules with the broader UCC framework.",{"code":500,"name":501,"flag_asset_id":502,"note":503},"ca","Canada","flag-ca","Canada is a mixed jurisdiction. Quebec operates under the Civil Code of Quebec, which expressly provides for the moveable hypothec (hypothèque mobilière) published in the Register of Personal and Movable Real Rights (RPMRR). Common-law provinces (Ontario, British Columbia, Alberta, and others) use Personal Property Security Acts (PPSAs) modelled on UCC Article 9, where the instrument is called a 'security agreement' and perfection is by PPSA registration. A business with assets in both Quebec and common-law provinces must register separately in each applicable registry.",{"code":505,"name":506,"flag_asset_id":507,"note":508},"uk","United Kingdom","flag-uk","England and Wales use a fixed or floating charge over personal property as the functional equivalent of a moveable hypothec. Charges created by a company must be registered at Companies House within 21 days of creation or they are void against a liquidator or administrator. Scotland has a distinct legal tradition closer to civil law, where floating charges are created under the Companies Act 1985 and certain moveable assets can be secured under the Moveable Transactions (Scotland) Act 2023, which significantly modernised Scottish personal property security law.",{"code":510,"name":511,"flag_asset_id":512,"note":513},"eu","European Union","flag-eu","The EU has no harmonised personal property security law — each member state has its own rules. France, Belgium, and Luxembourg use the hypothèque mobilière or gage (pledge) framework, with registration requirements varying by asset type and jurisdiction. Germany uses the Sicherungsübereignung (security transfer of title) rather than a true hypothec. The EU Financial Collateral Directive provides a streamlined regime for financial collateral (cash, securities) but does not extend to operating assets such as equipment or inventory. Creditors taking security across multiple EU member states must comply with each country's registration and priority rules independently.",[244,254,240,262,251,515,516,517,244,518,519,520],"promissory-note-D434","credit-agreement-D416","non-disclosure-agreement-nda-D12692","debenture-pledge-agreement-D467","assignment-D942","non-profit-partnership-agreement-D14023",{"emit_how_to":206,"emit_defined_term":206},{"primary_folder":96,"secondary_folder":523,"document_type":524,"industry":525,"business_stage":526,"tags":527,"confidence":533},"guaranties-and-collateral","agreement","general","all-stages",[528,529,530,531,532],"guarantee","security-agreement","collateral","moveable-property","lending",0.95,"\u003Ch2>What is a Moveable Hypothec Agreement?\u003C/h2>\n\u003Cp>A \u003Cstrong>Moveable Hypothec Agreement\u003C/strong> is a legally binding security document in which a debtor grants a creditor a registered security interest over moveable property — such as equipment, inventory, vehicles, receivables, or intellectual property — as collateral for a loan, credit facility, or other financial obligation. Unlike a mortgage, which attaches to land and buildings, a moveable hypothec covers personal and moveable assets that the debtor typically continues to possess and use while the security is in force. The creditor's interest is recorded in the applicable personal property security registry, giving it a publicly enforceable priority right over the collateral that survives third-party transfers and insolvency proceedings when properly perfected.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Advancing funds without a registered moveable hypothec leaves you with an unsecured claim — one that ranks behind every registered secured creditor in a default or insolvency, often recovering nothing. Without this agreement, the debtor faces no contractual obligation to maintain, insure, or preserve the collateral; assets can be sold, damaged, or encumbered by a subsequent creditor while your exposure remains unprotected. A signed and registered hypothec agreement closes these gaps: it perfects your security interest on day one, establishes enforceable covenants around collateral maintenance and insurance, defines exactly what constitutes default and how quickly you can act, and gives you a documented priority position that a bankruptcy trustee cannot easily challenge. This template gives you a professionally structured starting point that captures all material provisions — collateral description, future advances, default triggers, enforcement rights, and discharge mechanics — reducing the legal and operational risk of secured lending for both parties.\u003C/p>\n",1781186042352]