Intellectual property. Canadian federal laws govern trademarks, patents and certain other forms of intellectual property. Many of these laws are unclear, so a safe party is required to register GSA security on such assets nationally, in addition to enrollment in the PPR. The parties should have legal advice on this issue. Due Diligence and Corporate Action. Counsel for the debtor should issue an opinion stating that he has implemented all necessary legal due diligence and the debtor has taken appropriate business steps to approve the GSA. This includes a review by counsel of all relevant GSA laws, such as . B corporate financial support laws that prohibit a debtor from providing such a guarantee, unless he meets some complex financial tests. As a general rule, you should also have a formal credit contract. And in some cases, this loan contract would have security conditions (if it is a secure loan). Funding Statement Renewal. The insured party must renew the funding statement on a regular basis to ensure that its registration remains valid.
The insured party may also have to change the financing plan if the debtor changes its name, participates in a merger or the debtor transfers the secured collateral to a third party and the insured party wishes to retain its security against the transferred assets. The insured party must register a security notice of interest created by an ASS by filing a funding statement in the Provincial Personnel Property Registry (RPP) and possibly under the U.S. Uniform Trade Code or elsewhere, depending on the nature of the assets charged. The insured party may be required to make several registrations in different provinces, depending on the type of assets guaranteed, where they are located and the jurisdictions in which the debtor operates. Depending on the circumstances, a GSA that insures rents must be registered in the PPR land registry, in addition to registering the corresponding rent assignment. Check the consistency. When adapting an ASS to a transaction, it is important to check both the GSA, the letter of commitment or the loan agreement to ensure that they are consistent. It also implies that the GSA guarantees the entire personal wealth by which the insured party needs security, in accordance with the requirements of the letter of commitment or the loan agreement.