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Note Trust Deed

Note Trust Deed for Singapore

Note Trust Deed Template for Singapore

A Note Trust Deed is a legally binding document under Singapore law that establishes a trust structure for the issuance of debt securities (notes). It sets out the terms governing the relationship between the issuer, trustee, and noteholders, including rights, obligations, and security arrangements. The document complies with Singapore's Securities and Futures Act and is regulated by the Monetary Authority of Singapore, providing a framework for both secured and unsecured note issuances.

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Note Trust Deed

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What is a Note Trust Deed?

The Note Trust Deed is a fundamental document in Singapore's debt capital markets, used when companies seek to raise funds through note issuances. It provides the legal framework for the creation, issuance, and management of notes, establishing a trust structure that protects noteholders' interests. The document details the appointment of trustees, their powers and duties, events of default, enforcement mechanisms, and security arrangements (if applicable). Under Singapore law, the Note Trust Deed must comply with the Securities and Futures Act and related regulations, making it suitable for both public offerings and private placements.

What sections should be included in a Note Trust Deed?

1. Parties: Identifies the issuer, trustee, and note holders

2. Background: Outlines the context and purpose of the note issuance

3. Definitions: Key terms used throughout the deed

4. Constitution of Notes: Details of the notes being issued including terms and conditions

5. Trust and Security: Establishment of trust and security arrangements

6. Trustee Powers and Duties: Detailed powers and responsibilities of the trustee

7. Covenants: Issuer's obligations and undertakings

8. Events of Default: Circumstances constituting default and consequences

What sections are optional to include in a Note Trust Deed?

1. Security Provisions: Required if notes are secured - applies for secured note issuances

2. Guarantor Provisions: Required if notes are guaranteed by a third party

3. Conversion Rights: Provisions detailing conversion mechanisms for convertible notes

What schedules should be included in a Note Trust Deed?

1. Form of Note Certificate: Template of the physical note certificate

2. Terms and Conditions: Detailed terms and conditions of the notes

3. Meeting Provisions: Rules for noteholder meetings

4. Form of Transfer Instrument: Template for transferring notes between holders

5. Security Documents: Details of security arrangements if notes are secured

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

Jurisdiction

Singapore

Publisher

tiktok成人版

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Relevant legal definitions












































Clauses






























Industries

Securities and Futures Act (SFA): Primary legislation governing securities offerings, financial instruments, collective investment schemes, and trustee requirements in Singapore

Trustees Act: Core legislation defining trustee powers, duties, investment authority, and indemnification provisions in Singapore

Companies Act: Legislation covering corporate trustee requirements, registration obligations, and corporate governance aspects

MAS Guidelines: Regulatory guidelines from Monetary Authority of Singapore covering corporate governance, trust company requirements, and trustee licensing

Code on Collective Investment Schemes: Regulatory framework applicable if the notes form part of a collective investment scheme

Singapore Trust Law: General principles of trust law as applied in Singapore jurisdiction

Common Law Principles: Fundamental common law principles regarding trusts and trustees applicable in Singapore

Stamp Duties Act: Legislation governing stamp duty implications for trust deed execution and related transactions

Income Tax Act: Tax legislation relevant for understanding tax implications of trust arrangements and note issuance

Singapore Contract Law: General contract law principles applicable to trust deed formation and enforcement in Singapore

Teams

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