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Loan With Collateral Agreement for Singapore

Loan With Collateral Agreement Template for Singapore

A Loan With Collateral Agreement under Singapore law is a legally binding document that establishes the terms and conditions of a secured loan arrangement. Governed by Singapore's Moneylenders Act, Banking Act, and related legislation, this agreement details the loan amount, interest rates, repayment terms, and specifically describes the assets pledged as collateral. It includes provisions for default, enforcement rights, and complies with Singapore's strict financial regulations and security interest requirements.

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Loan With Collateral Agreement

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What is a Loan With Collateral Agreement?

The Loan With Collateral Agreement is essential for secured lending transactions in Singapore's financial market. This document is used when a lender requires security for a loan, whether in corporate financing, property lending, or asset-based lending. The agreement must comply with Singapore's robust financial regulatory framework, including the Moneylenders Act and Banking Act. It typically includes detailed provisions about the collateral, its valuation, maintenance, and the lender's rights to enforce against it in case of default. This type of agreement provides greater security for lenders while offering potentially better terms for borrowers compared to unsecured loans.

What sections should be included in a Loan With Collateral Agreement?

1. Parties: Identification and details of the lender and borrower

2. Background: Context of the loan arrangement and relationship between parties

3. Definitions: Key terms used throughout the agreement including defined terms under Singapore law

4. Loan Amount and Disbursement: Specification of loan amount, disbursement terms and conditions

5. Interest and Repayment: Interest rate, calculation method, repayment schedule in compliance with Singapore usury laws

6. Collateral: Description of security, perfection requirements, maintenance obligations

7. Representations and Warranties: Statements of fact and assurances from both parties

8. Events of Default: Circumstances constituting default and consequences

9. Enforcement Rights: Lender's rights and remedies upon default under Singapore law

10. Governing Law: Specification of Singapore law as governing law and jurisdiction

What sections are optional to include in a Loan With Collateral Agreement?

1. Insurance: Requirements for insuring collateral and maintaining insurance coverage

2. Security Trustee: Appointment and powers of security trustee for syndicated loans

3. Guarantees: Terms of any additional guarantees provided by third parties

4. Cross-Default: Provisions linking default to other agreements of the borrower

What schedules should be included in a Loan With Collateral Agreement?

1. Repayment Schedule: Detailed payment dates and amounts over the loan term

2. Collateral Description: Detailed description and valuation of collateral assets

3. Form of Disbursement Request: Template for requesting loan disbursement

4. Security Documents: Related security agreements and perfection documents

5. Insurance Requirements: Detailed insurance specifications for collateral

6. Conditions Precedent Documents: List of required documents prior to disbursement

Authors

Alex Denne

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

Jurisdiction

Singapore

Publisher

Ƶ

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions








































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Industries

Moneylenders Act: Chapter 188 of Singapore laws - Primary legislation governing money lending activities, including licensing requirements and interest rate caps

Securities and Futures Act: Chapter 289 - Regulates securities-based collateral and financial instruments used as security

Banking Act: Chapter 19 - Relevant when the lender is a financial institution, governing banking operations and requirements

Civil Law Act: Chapter 43 - Fundamental legislation governing contractual relationships and civil obligations in Singapore

Land Titles Act: Chapter 157 - Governs registration and dealings with land titles when real property is used as collateral

Conveyancing and Law of Property Act: Chapter 61 - Regulates property transactions and mortgages when real estate is used as collateral

Registration of Deeds Act: Chapter 269 - Covers registration requirements for documents relating to property transactions

Companies Act: Chapter 50 - Relevant for corporate borrowers and registration of company charges and securities

Personal Property Securities Act: Governs security interests in personal property used as collateral

Bankruptcy Act: Chapter 20 - Relevant for individual borrowers and protecting creditor interests in case of bankruptcy

Insolvency, Restructuring and Dissolution Act: 2018 Act governing corporate insolvency and debt restructuring procedures

Consumer Protection (Fair Trading) Act: Protects consumer interests and ensures fair trading practices in financial transactions

Unfair Contract Terms Act: Chapter 396 - Regulates unfair terms in contracts and provides consumer protection

MAS Guidelines: Regulatory guidelines issued by the Monetary Authority of Singapore for financial transactions

Credit Bureau Singapore Regulations: Rules governing credit reporting and credit information sharing

AML/CTF Regulations: Anti-Money Laundering and Counter-Terrorism Financing regulations for financial transactions

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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