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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."
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
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
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
Banking & Financial Services
Manufacturing
International Trade
Real Estate
Commodities Trading
Asset Management
Insurance
Private Equity
Commercial Lending
Industrial Production
Wholesale & Distribution
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Secretariat
Credit Administration
Transaction Management
Security Administration
Trust Administration
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
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