It may hold certain types of security when physical possession of security is required and take all necessary measures to maintain security, such as for example. B the storage of documents in a safe or refractory safe. In some jurisdictions, it is imperative that a document recognizing the security guard as a secure agent be executed so that he or she can take action regarding safeguards. There should be minimal risk to a company that serves as collateral agent if the documentation is properly drafted. The documentation should clearly provide that the officer`s duties are ministerial in nature, so that the officer does not exercise discretion and acts only on the instructions of lenders. Documentation should also include compensation to the agent for his or her actions (usually subject to gross negligence or wilful misconduct on the part of the agent, and that it should be clear that all enforcement costs are borne by the lenders). A security officer agreement covers the effective date of the document, the names of the parties, the appointment of the institution as a security officer, the obligations of the security officer and its restrictions. The provisions relating to recourse by the representative of the guarantee, the rights of the secured parties against the debtor. It should also contain other clauses allowing the security officer to receive professional assistance or advice, the resignation of the security officer, his or her fees and the justification of the relationship between the security officer and the secured parties, which ensures that the security officer does not make arbitrary decisions regarding security rights, except under the direction of lenders.
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