Collateral Agency Agreement Template for Singapore

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Key Requirements PROMPT example:

Collateral Agency Agreement

"Need a Collateral Agency Agreement for a syndicated loan facility involving five banks, where the collateral consists of real estate assets in Singapore, with Bank of Singapore acting as the collateral agent from March 2025."

Document background
The Collateral Agency Agreement is essential in secured financing transactions where multiple lenders require a single entity to hold and manage their security interests. Under Singapore law, this document establishes the framework for the collateral agent's appointment, defining their authority to act on behalf of secured parties in maintaining, monitoring, and potentially enforcing security interests. The agreement is particularly relevant in syndicated lending, project finance, and structured finance transactions, incorporating Singapore's sophisticated financial services regulatory regime and security laws.
Suggested Sections

1. Parties: Identifies all parties to the agreement including the Collateral Agent, Security Providers, and Secured Parties

2. Background: Sets out the context and purpose of the appointment of the Collateral Agent

3. Definitions: Defines key terms used throughout the agreement including references to relevant Singapore legislation

4. Appointment and Authority: Details the appointment of the Collateral Agent and scope of authority under Singapore law

5. Duties and Responsibilities: Specifies the Collateral Agent's obligations regarding collateral management in compliance with Singapore regulations

6. Rights and Powers: Outlines the rights and powers granted to the Collateral Agent under Singapore law

7. Security Interest and Perfection: Details requirements for creating and perfecting security interests under Singapore law

8. Fees and Expenses: Details compensation and reimbursement terms for the Collateral Agent

9. Liability and Indemnification: Scope of Collateral Agent's liability and indemnification provisions

10. Termination: Conditions for termination and appointment of successor agent

Optional Sections

1. Cross-Border Provisions: Additional provisions for handling international collateral and multiple jurisdictions

2. Digital Asset Provisions: Specific provisions for digital or cryptocurrency collateral under Singapore regulations

3. Multiple Currency Provisions: Provisions for handling multiple currencies in collateral pool

4. Anti-Money Laundering Compliance: Specific provisions addressing compliance with Singapore AML regulations

Suggested Schedules

1. Schedule 1 - List of Secured Parties: Comprehensive list of all secured parties and their respective interests

2. Schedule 2 - Schedule of Collateral: Detailed description and categorization of all collateral assets

3. Schedule 3 - Fee Schedule: Detailed breakdown of agent fees, charges, and payment terms

4. Schedule 4 - Form of Notices: Standard forms for various notices required under the agreement

5. Schedule 5 - Operating Procedures: Detailed procedures for collateral management and administration

6. Schedule 6 - Regulatory Compliance Requirements: Specific requirements under Singapore law and MAS regulations

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

Relevant legal definitions
Clauses
Industries

Securities and Futures Act (Cap. 289): Primary legislation governing securities, futures, and financial instruments in Singapore. Relevant for regulating securities-based collateral and financial instruments.

Companies Act (Cap. 50): Core legislation governing corporate entities in Singapore, including requirements for company charges, registration of security interests, and corporate authority.

Banking Act (Cap. 19): Regulates banking institutions and their activities in Singapore, including requirements for handling client assets and collateral management.

Monetary Authority of Singapore Act (Cap. 186): Establishes regulatory framework and supervisory powers over financial institutions, including guidelines on collateral management practices.

Conveyancing and Law of Property Act (Cap. 61): Governs property transactions and security interests in real property, crucial for real estate collateral arrangements.

Registration of Deeds Act (Cap. 269): Provides framework for registration of security interests and legal documentation affecting property rights.

Land Titles Act (Cap. 157): Specific legislation governing real property titles and registration of interests in land-based collateral.

Insolvency, Restructuring and Dissolution Act 2018: Governs insolvency proceedings and creditor rights, critical for enforcement of security interests and collateral rights.

Civil Law Act (Cap. 43): Provides general principles of contract law and civil obligations relevant to collateral arrangements.

MAS Guidelines on Agency Arrangements: Regulatory guidelines specific to agency relationships in financial contexts, including collateral agency duties and responsibilities.

MAS Notice 643: Specific regulations governing transactions with related parties, affecting collateral arrangements between connected entities.

MAS Guidelines on Credit Risk Management: Regulatory framework for managing credit risk, including requirements for collateral valuation and management.

UNIDROIT Principles: International principles for commercial contracts, relevant for cross-border collateral arrangements and international best practices.

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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