Tripartite Loan Agreement Template for Singapore

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Key Requirements PROMPT example:

Tripartite Loan Agreement

"Need a Tripartite Loan Agreement for a S$5 million business expansion loan from DBS Bank, where my parent company will act as guarantor, with quarterly repayments over 5 years starting March 2025."

Document background
The Tripartite Loan Agreement is a sophisticated financial instrument used when a loan transaction requires involvement of a third party as security provider or guarantor. Commonly used in Singapore's financial sector, it provides a comprehensive framework for secured lending while complying with local banking regulations and MAS guidelines. The agreement is particularly relevant for complex financing arrangements where additional security or guarantee is required beyond the borrower's own assets or creditworthiness. It includes detailed provisions for loan disbursement, security arrangements, repayment terms, and enforcement mechanisms, all structured within Singapore's legal framework.
Suggested Sections

1. Parties: Identifies and defines the three parties to the agreement (typically Lender, Borrower, and Security Provider/Guarantor)

2. Background: Explains the context and purpose of the loan arrangement

3. Definitions: Defines key terms used throughout the agreement

4. Loan Amount and Purpose: Specifies the principal amount and intended use of funds

5. Interest and Fees: Details interest rate, calculation method, and applicable fees

6. Repayment Terms: Specifies repayment schedule and method

7. Security/Guarantee: Details of security/guarantee provided by third party

8. Events of Default: Lists circumstances constituting default

9. Representations and Warranties: Statements of fact by parties

Optional Sections

1. Conditions Precedent: Pre-disbursement conditions - used for complex loans or when specific conditions must be met before disbursement

2. Covenants: Ongoing obligations of parties - used for loans with specific ongoing requirements

3. Assignment Provisions: Rules for transferring rights/obligations - used when parties want ability to transfer rights

Suggested Schedules

1. Repayment Schedule: Detailed breakdown of repayment dates and amounts

2. Security Details: Specific description of security/collateral provided

3. Form of Drawdown Notice: Template for requesting loan disbursement

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

5. KYC Requirements: Required documentation for compliance purposes

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

Banking Act (Cap. 19): Primary legislation that regulates banking business and financial institutions in Singapore, including provisions on lending practices

Contracts Act (Cap. 53): Core legislation governing contract formation, validity, essential elements of valid contracts, consideration and capacity to contract in Singapore

Moneylenders Act (Cap. 188): Regulates moneylending activities in Singapore, particularly relevant if any party is a licensed moneylender

Civil Law Act (Cap. 43): Contains provisions on interest rates and regulates contractual rights and obligations under Singapore law

Securities and Futures Act (Cap. 289): Relevant legislation when the loan agreement involves securities as collateral

Bankruptcy Act (Cap. 20): Governs default provisions and creditors' rights in Singapore, crucial for loan enforcement

Personal Data Protection Act 2012: Regulates the collection, use, and disclosure of personal data of parties involved in the agreement

MAS Guidelines and Directives: Regulatory guidelines issued by Monetary Authority of Singapore, particularly relevant if any party is a financial institution

Anti-Money Laundering Regulations: Compliance requirements including Know Your Client (KYC) and anti-money laundering provisions

Companies Act (Cap. 50): Governs corporate authority and capacity issues when parties are corporations registered in Singapore

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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