Mortgages sometimes contain negative deposit clauses. Negative deposit clauses are almost universal in modern unsecured commercial credit documents. The objective is to ensure that a borrower who has taken out an unsecured loan can no longer borrow from another lender at a later date to secure the subsequent credit on the declared assets. If the borrower could do so, the original lender would be at a disadvantage, since the subsequent lender would first use the assets in the event of default. Negative deposit clauses help bondholders protect their investments. When a bond withdrawal involves a negative deposit clause, it prevents the issuer from borrowing future debt securities that could jeopardize its ability to meet its obligations to existing bondholders. On the other hand, a violation of a negative deposit clause can result in a default, although a technical default. Lenders generally give an allotted time, z.B. 30 days, to correct a break before proceeding with the standard procedure. Indeed, an important thing that must be taken into account by the holder of the deposit is the solid provision of section 60, paragraph 4: ”The voting rights of shares that are used with a mortgage or fiduciary guarantee remain for the shareholders,” in accordance with the explanatory note of the article, it is said that this provision confirms the principle of law which does not permit the transfer of voting rights regardless of the ownership of shares. In practice, equity assets are more often secured by mortgages than by trustees. Indeed, in the mortgage agreement, there is no obligation for heavy parties to make notarial deeds.
On the contrary, with respect to the fiduciary guarantee contract, the mortgage must be strengthened by a notarized fiduciary guarantee. In addition, there is a provision that the agent must be registered as a guarantee object with the fiduciary board. Indeed, the procedure eats long the fiduciary guarantee costs more than the guarantee with the object of the shares. A negative deposit clause is a kind of negative confederation that prevents a borrower from pawning assets if it would endanger the lender`s security. This type of clause can be part of traditional borrowing and credit structures. In the case of real estate mortgages, many loan contracts contain terminology that prevents the borrower from using the mortgage property as collateral against a new loan, except in the event of refinancing. Negative collateral is a provision of a contract that prohibits a contracting party from creating security interests in certain elements specified in the provision. The under-rogation is provided for in section 1400 BW. Mentioned in the under-cutting article is the replacement of rights by a third party that pays creditors. The transfer can be done either by convention or by law. This assignment must be expressly reported that […] A negative deposit clause also limits the likelihood that a particular asset will be mortgaged more than once, which prevents conflicts in which the lender is entitled to the asset when the borrower is late in payment.
