The business agreements kit by Ted Nicholas

By Ted Nicholas

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The written agreement, he or she realizes, will keep him or her from winning any challenge based on terms other than those in the agreement. Page 2 Eliminating Legal Fees The forms in this book can be used without paying your lawyer to pull a standard form from his or her files and charging you to fill in the blanks. More diligent lawyers will customize standard forms for their clients. Depending on your needs, you may wish to have your lawyer review these forms. However, every form in this book has been reviewed by a lawyer to ensure that it is accurate and enforceable.

Both forms differ from an ordinary security agreement in that you will be taking actual possession of the pledged collateral. Because you have actual possession of the property, no document filings are necessary. Form 209 informs lenders who have security interests that you plan to establish a purchase money security interest as a result of a credit sale. The UCC grants you the priority in the proceeds of the sale, but only if you notify other secured parties within ten days of the sale. Form 210 subordinates your interest to the interests of other lenders.

If, however, you do not file and the borrower subsequently files for bankruptcy, your interest will not be protected; instead, your claim will be treated as an unsecured claim, and the property you thought would be available for your claim now will be available to all creditors. The forms in this chapter have been designed to comply with UCC specifications. Forms 207 and 208 are pledge agreements. Form 207 can be used to take a pledge of any type of property; Form 208 should be used if the pledge involves shares of stock in a corporation (make sure the borrower has endorsed the shares Page 9 in blank before you take them).

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