A security agreement may be oral if the guaranteed party (the lender) is in possession of the guarantees. If the guarantee is physically held by the borrower or if the guarantee is an intangible value (. For example, a patent, [1) of claims or a debt title), the guarantee agreement must be made in writing to comply with the fraud law. The security contract must be authenticated by the debtor, i.e. it must bear the debtor`s signature or be marked electronically. It must provide an appropriate description of the guarantees and use words that show an intention to create an interest in securities (the right to claim repayment of the loan through stolen property). In order for the security contract to be valid, the borrower must normally have rights to the guarantees at the time the contract is implemented. If a borrower promises as collateral a car owned by a neighbour and the neighbour does not know or support this promise, the security agreement is ineffective. However, a security agreement may specify that it contains post-acquired properties. If such a specification is included, then a promise of “all cars in the borrower`s possession” would include the neighbor`s car if the borrower were to buy that car from the neighbor. Our team also has unparalleled experience in obtaining licenses and authorizations from the Federal Communications Commission (FCC) when foreign assets are in place and a national security audit is required. In recent years, we have led start-ups, global telecommunications operators, innovative technology companies, investors and traditional media companies through the team Telecom Inter-Institutional Group, which consists mainly of the US Department of Justice (DOJ), DHS, CFIUS and DCSA. That`s why, for many customers, we are the company for national security issues.
Whether it`s classified information, cooperation with the intelligence community, cybersecurity, export control or other related legal or regulatory issues, we provide both strategic and simple solutions. We combine knowledge, discernment and relationships to find answers to critical questions and provide essential guidance in sensitive, complex and sometimes operational situations. In today`s interconnected world, trade tensions and regulatory policies make an already complex economic ecosystem even more difficult. While the United States remains a global superpower and a goal of significant foreign direct investment, open investment policy and the protection of U.S. national security interests have created a regulatory paradigm. Conduct an independent audit to assess compliance with mitigation conditions under a National Safety Agreement (NSA), insurance letter (LOA), divestiture decision or other agreed mitigation agreement. Whether you are in the early stages of investigating a covered transaction under the CFIUS jurisdiction or need an independent third party to assess compliance with a mitigation agreement, we have regulatory experience, cybersecurity capabilities and their independent position to support your CFIUS needs, including: Assessing the national security risks inherent in a transaction , including business valuations. , subsidiaries, supply chain, corporate security position, information technology and network architecture, as well as internal controls.