Atlas Legal successfully completed legal advisory for an agricultural corporation on establishing chattel security interests over livestock and preparing notarized deeds to secure feed supply receivables.
Project Overview
A Songdo-based agricultural corporation sought legal advisory on securing receivables from long-term cattle feed supply contracts with livestock farmers. As the farmers’ only assets were cattle raised in their barns, the key issues were whether livestock could serve as collateral and how to structure an enforceable security arrangement.
Floating Lien Structure Design
Based on Korean Supreme Court precedent (Case No. 2004Da22858), we confirmed that livestock qualifies as eligible collateral under floating lien arrangements. We designed a security structure treating cattle that fluctuate due to breeding, sales, and deaths as a single collective asset. The collateral was specified by identifying the barn location and type of livestock.
Constructive Possession Arrangement
We structured the security interest through constructive possession (possessory constitutum) allowing the debtor-farmer to continue raising cattle while the creditor holds the security interest. Under Supreme Court precedent (Case No. 99Da65066), the security interest remains valid even if possession is subsequently lost, ensuring stable protection for the creditor’s rights.
Notarized Deed for Direct Enforcement
We advised on preparing a notarized deed for the chattel security agreement enabling immediate enforcement without litigation upon default. This allows the creditor to choose among private sale, creditor acquisition with settlement, or compulsory auction depending on circumstances.
Priority Over Other Creditors
Security interest holders maintain priority over sale proceeds even when other creditors attach the collateral (Supreme Court Case No. 98Da47283). Additionally, unlike registered chattel mortgages, security interests incur no registration costs and always take priority over wage claims, making this the optimal security solution for our client.
Legal Expertise
Atlas Legal has extensive experience in corporate advisory and commercial disputes. We provide practical solutions grounded in Supreme Court precedents for complex collateral arrangements including chattel security interests, notarized enforcement documents, and security interest execution.