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Collateral Trust Agreement for Malta

Collateral Trust Agreement Template for Malta

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Collateral Trust Agreement

"I need a Collateral Trust Agreement under Maltese law for a syndicated loan facility closing on March 15, 2025, where multiple banks will be secured parties and the collateral consists of marketable securities and cash deposits held with a licensed Maltese trustee."

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Collateral Trust Agreement

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What is a Collateral Trust Agreement?

The Collateral Trust Agreement is a sophisticated legal instrument used in secured financing transactions where assets need to be held in trust as security for obligations. This document is particularly relevant in Malta's financial services sector, where it must comply with the Trusts and Trustees Act (Chapter 331 of the Laws of Malta) and related legislation. The agreement is typically employed in complex financing arrangements, syndicated loans, bond issuances, or other structured finance transactions where multiple secured parties require a trustee to hold and manage collateral on their behalf. It contains detailed provisions regarding the appointment of the trustee, the creation and perfection of security interests, collateral management procedures, and enforcement mechanisms. The document's structure reflects Malta's unique position as a financial services hub within the EU, incorporating both local law requirements and EU regulations on financial collateral arrangements.

What sections should be included in a Collateral Trust Agreement?

1. Parties: Identifies all parties to the agreement including the trustee, settlor(s), beneficiaries, and secured parties

2. Background: Sets out the context of the agreement, including the underlying obligations and purpose of the collateral trust arrangement

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Appointment of Trustee: Formal appointment of the trustee and acceptance of the trust

5. Declaration of Trust: Establishes the trust structure and the trustee's holding of collateral

6. Collateral Requirements: Specifies the nature, form, and requirements of eligible collateral

7. Security Interest: Creates and defines the security interest in the collateral

8. Trustee's Rights and Obligations: Details the trustee's powers, duties, and responsibilities in managing the collateral

9. Representations and Warranties: Standard representations and warranties from all parties

10. Events of Default: Defines events triggering enforcement rights or termination

11. Enforcement: Procedures for enforcing security interests upon default

12. Fees and Expenses: Details trustee compensation and expense reimbursement

13. Indemnification: Provisions for indemnifying the trustee

14. Term and Termination: Duration of the agreement and termination procedures

15. Governing Law and Jurisdiction: Specifies Maltese law as governing law and jurisdiction for disputes

What sections are optional to include in a Collateral Trust Agreement?

1. Secured Party Representatives: Required when multiple secured parties appoint a representative to act on their behalf

2. Intercreditor Provisions: Needed when there are multiple secured parties with different priorities

3. Tax Provisions: Detailed tax arrangements when complex tax implications exist

4. Foreign Law Considerations: Required when collateral includes assets in other jurisdictions

5. Custodian Provisions: When a separate custodian is appointed to hold the collateral

6. Electronic Communications: Specific provisions for electronic communications and signatures if agreed

7. GDPR Compliance: Detailed data protection provisions when personal data is involved

8. Force Majeure: Specific provisions for handling unforeseen circumstances

9. Alternative Dispute Resolution: When parties agree to mediation or arbitration procedures

What schedules should be included in a Collateral Trust Agreement?

1. Schedule 1 - Description of Collateral: Detailed description and categorization of all collateral assets

2. Schedule 2 - Secured Obligations: Detailed description of the obligations secured by the collateral

3. Schedule 3 - Forms of Notice: Standard forms for various notices required under the agreement

4. Schedule 4 - Fee Schedule: Detailed breakdown of trustee fees and payment terms

5. Schedule 5 - Operating Procedures: Detailed procedures for collateral maintenance, substitution, and valuation

6. Appendix A - Initial Collateral Schedule: Initial listing of specific collateral assets and their values

7. Appendix B - Form of Collateral Addition Notice: Standard form for adding new collateral to the trust

8. Appendix C - Form of Release Notice: Standard form for releasing collateral from the trust

9. Appendix D - Authorized Signatories: List of persons authorized to act on behalf of each party

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 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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Relevant Industries

Banking and Financial Services

Investment Services

Trust and Fiduciary Services

Corporate Services

Asset Management

Capital Markets

Insurance

Real Estate

Maritime

Aviation

Infrastructure

Private Equity

Relevant Teams

Legal

Compliance

Risk Management

Treasury

Finance

Trust Administration

Corporate Services

Operations

Transaction Management

Security and Collateral Management

Financial Control

Corporate Governance

Relevant Roles

Legal Counsel

Trust Manager

Compliance Officer

Risk Manager

Security Trustee

Corporate Trustee

Financial Controller

Treasury Manager

Chief Financial Officer

Head of Legal

Senior Legal Counsel

Trust Administrator

Collateral Manager

Security Agent

Transaction Manager

Director of Operations

Industries







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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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