Floating Deed Of Trust Template for Australia

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Key Requirements PROMPT example:

Floating Deed Of Trust

"I need a Floating Deed of Trust for a manufacturing business in Sydney, Australia, where inventory and equipment valued at $5M will be subject to the floating charge, with crystallization to occur if the company defaults on its loan obligations or enters into administration."

Document background

The Floating Deed of Trust is a sophisticated legal instrument utilized in Australian business and financial transactions where parties require a flexible security arrangement over changing assets. This document is particularly valuable when businesses need to secure financing while retaining the ability to deal with their assets in the ordinary course of business. The Floating Deed of Trust creates a security interest that "floats" over a class of assets until a specified event triggers crystallization, at which point the security becomes fixed. It is commonly used in corporate financing, asset-based lending, and business restructuring scenarios, providing protection for security holders while allowing operational freedom for the business. The document must comply with Australian trust law principles, the Personal Property Securities Act 2009 (Cth), and relevant state-specific legislation.

Suggested Sections

1. Parties: Identifies the settlor, trustee, beneficiaries, and any security trustee

2. Background: Sets out the context and purpose of the trust arrangement

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Declaration of Trust: Formal establishment of the trust and acceptance by trustee

5. Trust Property: Describes the property subject to the floating charge

6. Nature of Floating Charge: Defines the floating nature of the security and crystallization events

7. Trustee Powers and Duties: Comprehensive list of trustee's powers and obligations

8. Security Provisions: Details of security arrangements and enforcement rights

9. Representations and Warranties: Standard declarations about capacity and authority

10. Events of Default: Circumstances constituting default and consequences

11. Enforcement: Powers and procedures for enforcing security interests

12. Costs and Indemnities: Allocation of costs and trustee indemnification

13. Termination: Circumstances and procedures for terminating the trust

14. General Provisions: Standard boilerplate clauses including notices, governing law, etc.

Optional Sections

1. Priority Arrangements: Required when there are multiple security interests or creditors

2. Income and Distribution Rules: Needed for trusts with complex distribution arrangements

3. Investment Powers: Required for trusts with significant investment activities

4. Appointor Provisions: Included when there is an appointor role to change trustees

5. Foreign Investment Provisions: Required when trust involves foreign investors or assets

6. GST Provisions: Detailed when trust involves significant commercial transactions

7. Electronic Execution: Required when parties wish to execute electronically

Suggested Schedules

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

2. Schedule 2 - Beneficiaries: List of beneficiaries and their respective interests

3. Schedule 3 - Security Registration Details: PPSR and other security registration information

4. Schedule 4 - Trustee Remuneration: Details of trustee fees and payment arrangements

5. Schedule 5 - Permitted Encumbrances: List of allowed encumbrances on trust property

6. Appendix A - Execution Forms: Forms and requirements for executing trust documents

7. Appendix B - Compliance Certificates: Templates for ongoing compliance certification

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Financial Services

Banking

Asset Management

Real Estate

Manufacturing

Mining and Resources

Infrastructure

Retail

Wholesale Trade

Professional Services

Agriculture

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Secretariat

Security Operations

Trust Administration

Asset Management

Corporate Finance

Relevant Roles

Chief Financial Officer

Finance Director

Corporate Lawyer

Legal Counsel

Trust Manager

Security Trustee Officer

Compliance Officer

Risk Manager

Treasury Manager

Company Secretary

Asset Manager

Corporate Finance Manager

Banking Relationship Manager

Trust Administrator

Security Operations Manager

Find the exact document you need

Supplemental Trust Deed For Appointment Of Trustee

An Australian legal document that formalizes the appointment of a new trustee and retirement of an existing trustee, ensuring proper transition of trust responsibilities and assets.

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Let's create your Floating Deed Of Trust

Authors

Alex Denne

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