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Security Trust Deed Template for Malaysia

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Key Requirements PROMPT example:

Security Trust Deed

"I need a Security Trust Deed for a syndicated loan facility closing on March 15, 2025, where multiple lenders require security over a manufacturing plant in Penang, with ABC Bank acting as security trustee."

Document background
The Security Trust Deed is a crucial document in Malaysian secured financing transactions, particularly where multiple creditors are involved or where security interests need to be efficiently managed. It creates a trust structure where a security trustee holds security interests on behalf of beneficiaries, typically in the context of syndicated loans, bond issuances, or other complex financing arrangements. The document must comply with Malaysian trust and securities laws, including the Trustees Act 1949 and Capital Markets and Services Act 2007. It contains detailed provisions on the trustee's powers and duties, security enforcement mechanisms, and the distribution of enforcement proceeds. This arrangement simplifies security administration and enforcement, as changes in underlying creditors don't require changes to security registrations.
Suggested Sections

1. Parties: Identification of the Security Trustee, Security Provider(s), and Beneficiaries

2. Background: Context of the security arrangement, underlying facilities, and purpose of the trust

3. Definitions and Interpretation: Definitions of key terms and interpretation principles

4. Declaration of Trust: Formal establishment of the security trust and appointment of trustee

5. Security Trust: Nature and scope of the security trust, secured property definition

6. Trustee Powers and Duties: Comprehensive list of trustee's powers, obligations, and duties

7. Security Enforcement: Procedures and circumstances for enforcing security interests

8. Application of Proceeds: Priority and distribution of enforcement proceeds

9. Trustee Remuneration: Fees, costs, and expenses of the trustee

10. Liability and Indemnity: Trustee liability limitations and indemnification provisions

11. Resignation and Replacement: Process for trustee resignation, removal, and appointment

12. Amendments and Termination: Procedures for modifying the deed and terminating the trust

13. Notices: Communication requirements and procedures between parties

14. Governing Law and Jurisdiction: Choice of law and dispute resolution provisions

Optional Sections

1. Parallel Debt: Required when dealing with jurisdictions that don't recognize trust concepts

2. Security Sharing: Needed for arrangements involving multiple creditors or security sharing

3. Intercreditor Provisions: Required when multiple classes of creditors are involved

4. Security Agent Provisions: Used when the trustee also acts as security agent

5. Currency Conversion: Required for multi-currency facilities

6. Tax Provisions: Detailed tax provisions when complex tax implications exist

7. Further Assurance: Additional security perfection requirements

8. Power of Attorney: When specific powers of attorney are required for security enforcement

Suggested Schedules

1. Form of Accession Deed: Template for new parties joining the security trust

2. Security Documents: List and details of all security documents held by trustee

3. Beneficiary Details: List of beneficiaries and their respective interests

4. Secured Property: Detailed description of all secured assets and properties

5. Trustee Fees: Detailed fee structure and payment terms

6. Form of Resignation Notice: Template for trustee resignation notices

7. Security Trust Certificates: Form of certificates evidencing beneficial interests

8. Enforcement Procedures: Detailed procedures for security enforcement

Authors

Alex Denne

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

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Relevant Industries

Banking

Financial Services

Corporate Finance

Real Estate

Infrastructure

Manufacturing

Energy

Mining

Telecommunications

Construction

Transportation

Agriculture

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Secretariat

Trust Administration

Credit Administration

Documentation

Transaction Management

Relevant Roles

Legal Counsel

Corporate Lawyer

Finance Director

Chief Financial Officer

Treasury Manager

Risk Manager

Compliance Officer

Security Trustee Officer

Trust Manager

Corporate Secretary

Transaction Manager

Facility Agent

Security Agent

Documentation Manager

Legal Director

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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