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Collateral Account Agreement

Collateral Account Agreement Template for Singapore

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Key Requirements PROMPT example:

Collateral Account Agreement

"Need a Collateral Account Agreement under Singapore law for a syndicated loan facility where multiple lenders require security over our company's operating accounts, with the security to be held by a security agent acting for the syndicate from March 2025."

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What is a Collateral Account Agreement?

The Collateral Account Agreement is essential in secured financing transactions where bank accounts serve as collateral. It is commonly used in Singapore for project finance, corporate lending, and structured finance transactions. The agreement details the security interest creation, account control mechanisms, and operational procedures while ensuring compliance with Singapore's regulatory framework. It typically includes provisions for account monitoring, withdrawal restrictions, and enforcement rights, making it a crucial document for establishing effective security over financial assets held in accounts.

What sections should be included in a Collateral Account Agreement?

1. Parties: Identification of account holder, security holder, and bank/institution

2. Background: Context of the security arrangement and underlying obligations

3. Definitions: Key terms used throughout the agreement

4. Account Details: Specification of the collateral account(s)

5. Security Interest: Creation and scope of security interest

6. Control Provisions: Rights and limitations regarding account control

7. Representations and Warranties: Standard assurances from parties

8. Covenants: Ongoing obligations of parties

9. Events of Default: Circumstances constituting default and consequences

10. Enforcement Rights: Rights and remedies upon default

11. Notices: Communication requirements and procedures

12. Governing Law and Jurisdiction: Choice of law and dispute resolution provisions

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

1. Multiple Account Provisions: Additional provisions for agreements covering multiple accounts

2. Foreign Currency Provisions: Specific provisions for handling foreign currency deposits and conversions

3. Investment Provisions: Rules and procedures for investment of account funds

4. Electronic Banking Provisions: Terms governing electronic access and operations

5. Agent Provisions: Terms relating to appointment and authority of agents

What schedules should be included in a Collateral Account Agreement?

1. Schedule 1 - Account Details: Detailed list and specifications of all covered accounts

2. Schedule 2 - Authorized Signatories: List of persons authorized to operate accounts and their signing authorities

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

4. Schedule 4 - Fee Schedule: Schedule of applicable fees and charges

5. Schedule 5 - Operating Procedures: Detailed procedures for account operation and control mechanisms

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

alex.den.21@genieai.co
Relevant legal definitions





























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Industries

Securities and Futures Act (Cap. 289): Primary legislation governing securities, futures, and financial markets in Singapore. Crucial for establishing the regulatory framework for securities-based collateral.

Banking Act (Cap. 19): Core banking legislation that governs banking institutions and their operations in Singapore, including requirements for handling customer accounts and collateral.

Companies Act (Cap. 50): Fundamental legislation governing corporate entities in Singapore, including provisions relating to company charges and registration requirements.

Personal Data Protection Act 2012: Legislation governing the collection, use, and disclosure of personal data, relevant for handling customer information in collateral arrangements.

Contracts Act (Cap. 53): Basic law governing contract formation and enforcement in Singapore, providing the foundational legal framework for the agreement.

Secured Transactions Register Act 2023: New legislation establishing a unified registry system for security interests in movable property in Singapore.

Property Act (Cap. 242): Legislation governing property rights and interests, relevant for understanding the nature of security interests in property.

Insolvency, Restructuring and Dissolution Act 2018: Comprehensive legislation governing corporate insolvency and restructuring, crucial for understanding the treatment of collateral in insolvency scenarios.

Companies (Amendment) Act 2017: Updates to the Companies Act affecting corporate governance and administration, including provisions relevant to company charges.

MAS Guidelines: Regulatory guidelines issued by the Monetary Authority of Singapore providing guidance on financial sector practices and compliance requirements.

MAS Notice 603: Specific notice relating to the Deposit Insurance Scheme, relevant for understanding protection of account balances.

MAS Notice 626: Requirements for Prevention of Money Laundering and Countering the Financing of Terrorism in banking operations.

UCP 600: Uniform Customs and Practice for Documentary Credits, relevant if the collateral arrangement involves letters of credit.

UNCITRAL Model Law: International framework for cross-border insolvency matters, important for international collateral arrangements.

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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