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Third Party Collateral Agreement Template for Singapore

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Key Requirements PROMPT example:

Third Party Collateral Agreement

"Need a Third Party Collateral Agreement under Singapore law where my parent company will provide shares in its subsidiary companies as security for a $50M loan facility that will close on March 15, 2025, with specific provisions for share certificate delivery and voting rights during the security period."

Document background
The Third Party Collateral Agreement is essential in Singapore's financial and commercial landscape where third parties provide security for others' obligations. It's commonly used in financing transactions, corporate guarantees, and structured finance arrangements. The document must comply with Singapore's Securities and Futures Act, Companies Act, and relevant MAS regulations. It typically includes detailed provisions on collateral description, perfection requirements, enforcement mechanisms, and the parties' respective rights and obligations. This agreement is particularly important in Singapore's role as a major financial center, where complex security arrangements are common in international transactions.
Suggested Sections

1. Parties: Identification of all parties including collateral provider, secured party, and beneficiary

2. Background: Context of the agreement, reference to primary obligations, and reason for collateral arrangement

3. Definitions: Key terms used throughout the agreement including Collateral, Secured Obligations, Security Interest

4. Grant of Security Interest: Formal creation of security interest over the collateral

5. Representations and Warranties: Statements about ownership, authority, and status of collateral

6. Covenants: Ongoing obligations regarding maintenance and preservation of collateral

7. Enforcement: Rights and remedies upon default

8. Governing Law and Jurisdiction: Specification of Singapore law and courts

Optional Sections

1. Custodian Provisions: Required when collateral is held by third-party custodian - use when involving third-party custody arrangements

2. Cross-Border Provisions: Additional provisions for international arrangements - use when parties or assets are in multiple jurisdictions

3. Regulatory Compliance: Specific provisions for regulated entities - use when involving regulated financial institutions

Suggested Schedules

1. Schedule of Collateral: Detailed description of collateral assets

2. Form of Notice: Standard form notices for perfection of security

3. Authorized Signatories: List of persons authorized to act under the agreement

4. Valuation Methodology: Procedures for valuing collateral if applicable

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








































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Industries

Securities and Futures Act (Cap. 289): Primary legislation that regulates securities, collateral arrangements, and financial markets. Contains key provisions governing security interests and collateral arrangements in Singapore.

Personal Property Securities Act: Core legislation governing the creation, perfection, and enforcement of security interests in personal property under Singapore law.

Companies Act (Cap. 50): Key legislation containing provisions relating to company charges, registration requirements, and corporate authorization for executing security arrangements.

Civil Law Act (Cap. 43): Fundamental legislation establishing general contract law principles and requirements for valid consideration in Singapore.

Bankruptcy Act (Cap. 20): Critical legislation addressing the impact on collateral in insolvency scenarios and establishing priority of creditors' claims.

Property Law Act: Legislation governing aspects related to real property collateral and security interests in real estate.

Banking Act (Cap. 19): Regulatory framework for banking institutions, particularly relevant when collateral arrangements involve regulated financial institutions.

MAS Guidelines: Regulatory guidelines issued by the Monetary Authority of Singapore, particularly relevant for collateral arrangements involving regulated financial institutions.

Common Law Principles: Established legal principles from case law relating to contracts and security interests in Singapore's common law system.

International Conventions: Relevant international agreements and conventions that may apply to cross-border collateral arrangements.

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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