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Collateral Management Agreement Template for Singapore

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Key Requirements PROMPT example:

Collateral Management Agreement

"Need a Collateral Management Agreement for our Singapore subsidiary to manage cross-border securities with our Japanese counterparty, including rehypothecation rights and specific provisions for electronic trading platforms, to be effective from March 2025."

What is a Collateral Management Agreement?

The Collateral Management Agreement is essential for financial institutions operating in Singapore's regulated environment. It provides a comprehensive framework for managing collateral relationships, ensuring compliance with MAS requirements and the Securities and Futures Act. This document is particularly crucial in securing financial obligations, managing counterparty risk, and establishing clear procedures for collateral valuation, maintenance, and enforcement. The agreement addresses both local and international best practices while incorporating Singapore's specific legal requirements for security interests.

What sections should be included in a Collateral Management Agreement?

1. Parties: Identification of contracting parties and their legal status

2. Background/Recitals: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Appointment of collateral manager and scope of services

5. Collateral Requirements: Types of eligible collateral, valuation methods, and maintenance requirements

6. Rights and Obligations: Duties of each party regarding collateral management

7. Security Interest Provisions: Creation and perfection of security interests

8. Default and Remedies: Events of default and consequent rights

9. Termination: Circumstances and process for agreement termination

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

1. Cross-Border Provisions: Additional terms for international collateral arrangements when parties are in different jurisdictions

2. Rehypothecation Rights: Terms for reuse of collateral when parties agree to allow collateral reuse

3. Custody Arrangements: Terms for third-party custody when using external custodian

4. Electronic Trading Provisions: Terms for electronic collateral management when using electronic trading platforms

What schedules should be included in a Collateral Management Agreement?

1. Schedule of Eligible Collateral: Detailed list of acceptable collateral types and their characteristics

2. Valuation Procedures: Detailed methodology for collateral valuation

3. Operating Procedures: Day-to-day operational procedures and requirements

4. Fee Schedule: Detailed breakdown of fees and charges

5. Notice Requirements: Communication protocols and contact details

6. Form of Security Documents: Standard forms for creating security interests

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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Industries

Securities and Futures Act (SFA): Primary legislation governing securities, derivatives, and collateral arrangements in Singapore's financial markets

Companies Act: Key legislation governing corporate entities and their ability to provide and receive collateral in Singapore

Banking Act: Regulates banking institutions and their collateral management practices in Singapore

Personal Property Securities Act: Governs the creation and enforcement of security interests in personal property

Bankruptcy Act: Relevant for understanding the treatment of collateral in insolvency scenarios

Monetary Authority of Singapore Act: Establishes MAS's regulatory authority over financial institutions and their collateral practices

MAS Guidelines on Risk Management Practices: Regulatory guidelines for risk management including collateral management requirements

MAS Notice 648: Specific requirements for minimum liquid assets and collateral requirements in Singapore

MAS Guidelines on Credit Risk Management: Guidelines for managing credit risk including collateral valuation and management

ISDA Master Agreement and Credit Support Annex: International standard documentation commonly used in Singapore for derivatives and collateral arrangements

Basel III Requirements: International banking standards as implemented in Singapore, affecting collateral requirements and management

UNIDROIT Principles: International principles for commercial contracts applicable in Singapore as a member state

Security Interest Registration Requirements: Requirements for registering and perfecting security interests under Singapore law

Anti-Money Laundering Regulations: Compliance requirements for preventing money laundering in collateral arrangements

KYC Requirements: Know Your Customer requirements for parties involved in 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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