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Assignment Of Rents Trust Deed

Assignment Of Rents Trust Deed Template for Switzerland

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Key Requirements PROMPT example:

Assignment Of Rents Trust Deed

"I need an Assignment of Rents Trust Deed under Swiss law for a portfolio of three commercial properties in Zurich, with a total of 12 existing tenants, where Credit Suisse will act as the Trustee, to secure a syndicated loan facility closing in March 2025."

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Document background
The Assignment of Rents Trust Deed is a specialized security instrument used in Swiss real estate financing transactions to provide lenders with security over rental income streams. This document type is particularly relevant in commercial property financing, real estate investment structures, and secured lending arrangements. It creates a trust structure recognized under Swiss law (following Switzerland's ratification of the Hague Trust Convention) where rental income is assigned to a trustee for the benefit of lenders or other beneficiaries. The document typically includes detailed provisions on rent collection, property management, default scenarios, and enforcement mechanisms, all tailored to comply with Swiss civil law requirements and cantonal regulations. It's commonly used alongside mortgage security and is particularly valuable in complex financing arrangements involving commercial real estate portfolios or development projects.
Suggested Sections

1. Parties: Identification of the Assignor/Grantor, Trustee, and Beneficiaries

2. Background: Context of the transaction, including details of the underlying debt obligation and property

3. Definitions: Key terms used throughout the deed, including Property, Rents, Secured Obligations

4. Creation of Trust: Establishment of the trust relationship and appointment of trustee

5. Assignment of Rents: Core provisions detailing the assignment of rental income to the trustee

6. Property Description: Detailed legal description of the property generating the rents

7. Collection and Application of Rents: Procedures for rent collection and distribution

8. Grantor's Representations and Warranties: Statements regarding ownership, authority, and existing encumbrances

9. Grantor's Covenants: Ongoing obligations regarding property maintenance, insurance, and lease management

10. Events of Default: Circumstances constituting default and triggering enforcement rights

11. Remedies: Trustee's rights and powers upon default

12. Trustee's Powers and Duties: Scope of trustee authority and responsibilities

13. Termination: Conditions and process for terminating the trust deed

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdictional provisions

Optional Sections

1. Security Interest Provisions: Additional security interest provisions when the assignment is part of a broader security package

2. Intercreditor Provisions: Required when there are multiple creditors or security interests affecting the property

3. Insurance Requirements: Detailed insurance obligations when specific coverage is required

4. Property Management: Specific provisions regarding property management when professional management is required

5. Foreign Law Considerations: Required when the arrangement involves cross-border elements

6. Tax Provisions: Specific tax-related provisions when there are significant tax implications

7. Registration Requirements: Detailed registration procedures when required by specific cantonal laws

Suggested Schedules

1. Property Schedule: Detailed legal description and registration details of the property

2. Rent Roll: Current list of tenants, lease terms, and rental amounts

3. Form of Notice to Tenants: Template for notifying tenants of the assignment

4. Existing Leases: List and copies of all existing lease agreements

5. Insurance Certificates: Copies of required insurance policies

6. Required Cantonal Forms: Any specific forms required by relevant cantonal authorities

7. Powers of Attorney: Required powers of attorney for trustee actions

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Account Bank
Assigned Rents
Assignment
Beneficiary
Business Day
Cantonal Requirements
Collection Account
Default Event
Default Notice
Effective Date
Enforcement Event
Existing Leases
Future Leases
Grantor
Insurance Proceeds
Lease
Lease Agreement
Lease Documents
Lease Rights
Lender
Loan Agreement
Material Adverse Effect
Permitted Encumbrances
Property
Property Manager
Real Estate
Receiver
Registration Requirements
Rent Roll
Rental Income
Rents
Secured Obligations
Secured Parties
Security Interest
Security Period
Swiss Business Day
Swiss Law
Tenants
Term
Trust
Trust Assets
Trust Deed
Trustee
Trustee Rights
Clauses
Assignment
Trust Creation
Property Rights
Rental Income
Security Interest
Representations and Warranties
Covenants
Property Management
Collection Rights
Default
Remedies
Enforcement
Insurance
Indemnification
Amendment
Termination
Governing Law
Jurisdiction
Notice Requirements
Registration
Powers of Attorney
Severability
Entire Agreement
Counterparts
Succession
Assignment and Transfer
Costs and Expenses
Tax
Force Majeure
Confidentiality
Compliance with Laws
Further Assurance
Third Party Rights
Relevant Industries

Real Estate

Banking & Finance

Commercial Property

Property Development

Asset Management

Trust Services

Property Investment

Commercial Lending

Real Estate Investment Trusts (REITs)

Property Management

Relevant Teams

Legal

Real Estate

Finance

Credit Risk

Property Management

Asset Management

Investment

Treasury

Commercial Banking

Security & Collateral Management

Relevant Roles

Real Estate Manager

Property Finance Manager

Trust Officer

Legal Counsel

Commercial Property Manager

Asset Manager

Investment Manager

Security Trustee

Finance Director

Real Estate Investment Director

Property Portfolio Manager

Lending Manager

Credit Risk Manager

Real Estate Finance Director

Commercial Banking Manager

Industries
Swiss Civil Code (Schweizerisches Zivilgesetzbuch, ZGB): Fundamental law governing property rights, real estate, and security interests in Switzerland, particularly Articles 793-883 on mortgage and land charges
Swiss Code of Obligations (Obligationenrecht, OR): Governs contractual relationships and assignment of rights, particularly Articles 164-174 regarding assignment of claims and rights
Federal Act on Debt Collection and Bankruptcy (SchKG): Regulates enforcement of security interests and creditor rights in case of default or bankruptcy
Swiss Federal Act on Private International Law (IPRG): Relevant for international aspects and recognition of trust structures, particularly Chapter 9a on Trusts
Hague Convention on the Law Applicable to Trusts: International treaty ratified by Switzerland governing the recognition and treatment of trusts
Federal Act on Financial Market Infrastructures (FinfraG): Relevant for security interests and financial arrangements in commercial context
Cantonal Property Laws: Local regulations governing real estate transactions and registrations in specific cantons
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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