The Share Mortgage Agreement is a crucial security document used in Indian financing transactions where shares are offered as collateral for securing financial obligations. This agreement is commonly utilized in corporate lending, acquisition financing, project finance, and general corporate finance transactions where a lender requires security over shares of a company. The document needs to comply with Indian corporate law, securities regulations, and banking norms, particularly the Companies Act 2013 and SEBI regulations if listed shares are involved. It contains detailed provisions regarding the creation and perfection of the security interest, maintenance of security cover, voting rights, dividend arrangements, and enforcement mechanisms. The agreement becomes particularly important in scenarios involving large corporate borrowings, restructuring transactions, or when shares of valuable subsidiaries or investments are being offered as security.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train 蜜桃传媒's AI
You keep IP ownership聽of your docs
Alternatively...
1. Parties: Details of the Mortgagor (share owner), Mortgagee (lender/security holder), and the Company whose shares are being mortgaged
2. Background: Context of the transaction, reference to principal facility/loan agreement, and purpose of the share mortgage
3. Definitions and Interpretation: Definitions of key terms, interpretation rules, and construction of the agreement
4. Creation of Mortgage: Express provisions creating the mortgage over shares, including the nature and extent of the security interest
5. Secured Obligations: Description of the obligations secured by the share mortgage, including principal amounts, interest, and other secured liabilities
6. Representations and Warranties: Mortgagor's representations regarding ownership, authority, and absence of encumbrances on shares
7. Covenants: Positive and negative obligations of the Mortgagor regarding the mortgaged shares
8. Rights and Obligations: Respective rights and obligations of the Mortgagor and Mortgagee during the security period
9. Events of Default: Circumstances constituting default and triggering enforcement rights
10. Enforcement: Mortgagee's rights and procedures for enforcing the security in case of default
11. Power of Attorney: Appointment of Mortgagee as attorney for specific security-related actions
12. Notices: Process and details for serving notices under the agreement
13. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction over disputes
14. Miscellaneous: Standard boilerplate provisions including amendments, waivers, severability, etc.
1. Depository Participant Instructions: Required when shares are in dematerialized form, detailing instructions for creating security interest through the depository system
2. Regulatory Compliance: Required for listed company shares, addressing compliance with SEBI regulations and stock exchange requirements
3. Share Transfer Instructions: Required for physical shares, detailing the process of transfer and registration of shares
4. Dividend and Voting Rights: Optional section specifying arrangements for exercise of voting rights and receipt of dividends during the security period
5. Security Margin Maintenance: Required in cases where minimum security value must be maintained, including top-up provisions
6. Insurance: Optional section for cases where insurance of the secured assets is required
7. Further Assurance: Optional detailed provisions regarding additional actions required to perfect the security
1. Schedule 1 - Details of Mortgaged Shares: List of shares being mortgaged, including share certificate numbers, distinctive numbers, and number of shares
2. Schedule 2 - Principal Facility Agreement: Details of the underlying loan or facility agreement being secured
3. Schedule 3 - Form of Notice to Company: Template notice to be sent to the company regarding creation of share mortgage
4. Schedule 4 - Form of Power of Attorney: Detailed power of attorney in favor of the Mortgagee
5. Schedule 5 - Depository Instructions: Forms and instructions for creating pledge in the depository system (for dematerialized shares)
6. Schedule 6 - Corporate Authorizations: List of corporate approvals obtained for creation of the mortgage
7. Appendix A - Share Certificates: Copies of share certificates (for physical shares)
8. Appendix B - Board Resolutions: Copies of relevant board resolutions of the Mortgagor
Authors
Find the document you need
Mortgage Servicing Agreement
An agreement governing mortgage servicing operations in India, establishing the relationship between lenders and servicers under Indian banking laws.
Download
Letter For Lending Money To Someone
An Indian law-compliant letter document that formalizes a money lending arrangement between parties, detailing loan terms and conditions.
Download
Borrow Agreement Form
An Indian law-governed agreement establishing terms and conditions for borrowing arrangements, including loan amount, interest rates, and repayment terms.
Download
Borrowing Money Letter
A formal letter document governed by Indian law that establishes loan terms between borrower and lender, serving as a legally binding record of the borrowing arrangement.
Download
Unsecured Personal Loan Agreement
An Indian law-governed agreement for unsecured personal loans, establishing loan terms and parties' obligations without requiring collateral.
Download
Two Wheeler Loan Agreement
An Indian law-governed agreement establishing terms and conditions for two-wheeler vehicle financing, including loan details, security arrangements, and party obligations.
Download
Term Loan Facility Agreement
An Indian law-governed agreement setting out terms and conditions for a term loan facility, including loan amount, interest, repayment, and security arrangements.
Download
Syndicated Facility Agreement
An Indian law-governed agreement establishing terms for a loan provided by multiple lenders (syndicate) to a borrower, detailing facility terms and regulatory compliance requirements.
Download
Simple Mortgage Deed Draft
An Indian legal document creating a charge on immovable property as security for a loan, governed by the Transfer of Property Act, 1882.
Download
Simple Loan Agreement Form
An Indian law-governed agreement establishing terms and conditions between lender and borrower for a basic loan transaction.
Download
Self Help Group Loan Agreement Form
An Indian jurisdiction agreement establishing loan terms between a financial institution and a Self Help Group, incorporating group liability and microfinance regulations.
Download
Private Loan Agreement For (Real Estate)
An Indian law-governed agreement establishing terms and conditions for private lending secured against real estate property, including loan terms, security arrangements, and enforcement mechanisms.
Download
Personal Loan Agreement Document
An Indian law-governed agreement documenting terms and conditions of a personal loan between lender and borrower, including loan amount, interest, repayment terms, and legal obligations.
Download
Peer To Peer Lending Agreement
An RBI-compliant agreement governing peer-to-peer lending transactions in India, establishing terms between lender and borrower through a regulated P2P platform.
Download
Small Loan Contract
An Indian law-governed agreement establishing terms and conditions for a small-scale loan between lender and borrower, including loan amount, interest rates, and repayment terms.
Download
Loan Car Form
An Indian-compliant legal document establishing terms and conditions for temporary vehicle loans between parties, adhering to Indian motor vehicle and contract laws.
Download
Acknowledgement Of Debt Agreement
An Indian law-governed agreement formally recognizing a debt obligation between parties, including repayment terms and interest calculations.
Download
Loan Agreement Between Companies
An Indian law-governed agreement establishing terms and conditions for an inter-company loan, including loan amount, interest, repayment terms, and parties' obligations.
Download
Litigation Financing Agreement
An Indian law-governed agreement establishing terms for third-party funding of legal proceedings, including funding commitments, returns, and control mechanisms.
Download
Credit Terms Agreement
An India-governed agreement establishing credit facility terms between lender and borrower, compliant with Indian banking regulations and enforcement mechanisms.
Download
Promise Note
A legally binding financial instrument under Indian law containing an unconditional written promise to pay a specified sum of money to a designated person.
Download
Loan Repayment Letter
An Indian law-compliant formal document that outlines and confirms loan repayment terms and schedule between a borrower and lender.
Download
Letter To Borrow Money From Friend
A formal letter document under Indian law that establishes terms and conditions for borrowing money from a friend, maintaining legal validity while preserving the personal nature of the transaction.
Download
Interest Loan Agreement
An Indian law-governed agreement establishing terms for a loan with interest, including loan amount, interest rates, repayment schedule, and enforcement provisions.
Download
Loan Novation Agreement
An Indian law-governed agreement that transfers loan rights and obligations from one lender to another while maintaining the original loan terms.
Download
Subordination Of Debt Agreement
An Indian law-governed agreement establishing the priority ranking between different creditors and regulating the subordination of certain debt obligations to others.
Download
Loan Facilitation Agreement
An Indian law-governed agreement establishing terms for loan facilitation services between facilitators and financial institutions, compliant with RBI regulations.
Download
Unsecured Directors Loan Agreement
An Indian law-governed agreement establishing terms for an unsecured loan from a company to its director, compliant with Companies Act 2013.
Download
Simple Loan Application Form
An Indian-law compliant loan application form for capturing applicant details and loan requirements, adhering to RBI guidelines and banking regulations.
Download
Personal Loan Receipt
An Indian-law compliant document acknowledging the receipt of a personal loan, detailing loan terms and parties involved.
Download
Loan Agreement With Guarantor
An Indian law-governed agreement establishing loan terms between lender and borrower, backed by a guarantor's commitment to secure the loan repayment.
Download
Facility Agreement
An Indian law-governed agreement setting out terms and conditions for lending facilities, including amount, interest, repayment, and security arrangements.
Download
Employee Cash Advance Agreement
An Indian law-compliant agreement governing employer-provided cash advances to employees, including terms for provision and repayment.
Download
Device Loan Agreement
An Indian law-governed agreement establishing terms for temporary device loans between parties, including usage conditions, maintenance requirements, and return terms.
Download
Loan And Mortgage Agreement
An Indian law-governed agreement establishing loan terms and creating a mortgage security over property, detailing financial obligations and enforcement rights.
Download
Loan Agreement Between Director And Company
An Indian law-compliant loan agreement between a company director (as lender) and their company (as borrower), including regulatory compliance and transaction terms.
Download
Line Of Credit Contract
An Indian law-governed agreement establishing a flexible credit facility between a lender and borrower, with specified drawdown and repayment terms.
Download
International Loan Agreement
An Indian law-governed agreement establishing terms for cross-border lending between international lenders and Indian borrowers, including loan terms, security, and regulatory compliance requirements.
Download
Inter Corporate Deposit Agreement
An Indian law-governed agreement facilitating lending between corporate entities, detailing deposit terms, conditions, and regulatory compliance requirements.
Download
Undertaking Loan Agreement
An Indian law-governed agreement establishing loan terms and borrower undertakings, detailing financial obligations and security arrangements.
Download
骋别苍颈别鈥檚 Security Promise
蜜桃传媒 is the safest place to draft. Here鈥檚 how we prioritise your privacy and security.
Your data is private:
We do not train on your data; 骋别苍颈别鈥檚 AI improves independently
All data stored on 蜜桃传媒 is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
