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Floating Deed Of Trust Template for Switzerland

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Key Requirements PROMPT example:

Floating Deed Of Trust

"I need a Floating Deed of Trust under Swiss law to secure a CHF 10 million facility for my manufacturing company, with the floating charge covering inventory and receivables, to be executed by March 2025."

Document background
The Floating Deed of Trust is a specialized security instrument used in Swiss commercial and financial transactions where a flexible security interest over changing assets is required. This document type became particularly relevant after Switzerland's ratification of the Hague Trust Convention in 2007, enabling better recognition of trust structures within the Swiss civil law system. The deed establishes a floating charge that allows the grantor to continue normal business operations while providing security to beneficiaries, typically in the context of corporate financing, asset-based lending, or large-scale commercial transactions. The document must carefully navigate Swiss property law, debt enforcement regulations, and financial market requirements while incorporating trust mechanisms. The Floating Deed of Trust is particularly useful in scenarios involving international financing structures or when dealing with a constantly changing pool of assets such as inventory, receivables, or trading portfolios.
Suggested Sections

1. Parties: Identification of the Grantor (Trustor), Trustee, and Beneficiaries

2. Background: Context of the transaction, relationship between parties, and purpose of the floating deed of trust

3. Definitions: Key terms used throughout the deed, including specific Swiss legal terminology

4. Trust Property: Description of the assets subject to the floating charge, including their nature and scope

5. Declaration of Trust: Formal creation of the trust relationship and acceptance by trustee

6. Floating Charge Provisions: Specifics of the floating nature of the security, crystallization events, and ranking

7. Trustee Powers and Duties: Detailed powers and obligations of the trustee under Swiss law

8. Security Provisions: Terms governing the security interest, including registration requirements under Swiss law

9. Enforcement Rights: Rights and procedures for enforcement under Swiss debt enforcement law

10. Representations and Warranties: Standard declarations by the grantor regarding authority, ownership, and compliance

11. Covenants: Ongoing obligations of the grantor regarding the trust property

12. Events of Default: Circumstances triggering crystallization or enforcement rights

13. Governing Law and Jurisdiction: Explicit choice of Swiss law and jurisdiction provisions

Optional Sections

1. Security Agent Provisions: Required when a security agent is appointed to act for multiple beneficiaries

2. Foreign Recognition: Include when assets or parties are located outside Switzerland

3. Parallel Debt: Required when implementing trust structure for multiple lenders

4. Tax Provisions: Include detailed tax provisions when there are cross-border elements

5. Currency Provisions: Required when trust property or obligations involve multiple currencies

6. Further Assurance: Optional provisions for additional documentation or actions

7. Power of Attorney: Include when specific Swiss law powers of attorney are required

Suggested Schedules

1. Schedule 1 - Trust Property: Detailed description and inventory of assets subject to the floating charge

2. Schedule 2 - Beneficiary Rights: Specific rights and entitlements of beneficiaries

3. Schedule 3 - Form of Notice: Standard forms for crystallization and enforcement notices

4. Schedule 4 - Registration Requirements: Details of Swiss law registration requirements and procedures

5. Schedule 5 - Powers of Investment: Specific investment powers granted to the trustee

6. Appendix A - Required Filings: List of necessary filings under Swiss law

7. Appendix B - Form of Certificate: Template certificates for various trustee actions

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





































Clauses



































Relevant Industries

Banking & Financial Services

Manufacturing

International Trade

Real Estate

Commodities Trading

Asset Management

Insurance

Private Equity

Commercial Lending

Industrial Production

Wholesale & Distribution

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Secretariat

Credit Administration

Transaction Management

Security Administration

Trust Administration

Relevant Roles

Legal Counsel

Corporate Lawyer

Trust Officer

Security Trustee

Finance Director

Chief Legal Officer

Commercial Director

Risk Manager

Compliance Officer

Corporate Secretary

Treasury Manager

Credit Manager

Transaction Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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