A Security Trust Deed is essential in complex financing arrangements where multiple creditors are involved or where security interests need to be held and managed efficiently. This document, governed by Maltese law, establishes a trust structure where a security trustee holds and administers security interests on behalf of secured creditors (beneficiaries). The deed is commonly used in syndicated lending, bond issuances, and structured finance transactions. It provides detailed provisions regarding the creation, perfection, and enforcement of security interests, trustee duties and powers, and the distribution of enforcement proceeds. The document must comply with Malta's sophisticated financial services regulatory framework, particularly the Trusts and Trustees Act and Security Interests (Enabling) Act, making it a robust instrument for securing creditors' interests in financial transactions.
Security Trust Deed for Malta
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Key Requirements PROMPT example:
Security Trust Deed
"I need a Security Trust Deed under Maltese law for a €50 million bond issuance scheduled for March 2025, with ABC Bank as security trustee holding security over real estate assets and share pledges for bondholders."
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1. Parties: Identification of the Security Trustee, Settlor/Security Provider, and Principal Beneficiaries
2. Background: Context of the security arrangement, reference to principal documents, and purpose of the trust
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the deed
4. Declaration of Trust: Formal establishment of the trust and acceptance by the trustee
5. Trust Property: Description and scope of the security assets held in trust
6. Trustee Powers and Duties: Detailed powers and responsibilities of the security trustee
7. Security: Nature and extent of security interests, creation and perfection requirements
8. Enforcement: Circumstances and procedures for enforcing security interests
9. Application of Proceeds: Order of priority for distributing enforcement proceeds
10. Trustee Remuneration and Indemnity: Fees, costs, and indemnification of the trustee
11. Appointment and Removal of Trustee: Procedures for changing the security trustee
12. Amendments and Termination: Process for modifying the deed and terminating the trust
13. Governing Law and Jurisdiction: Choice of Maltese law and jurisdiction provisions
1. Parallel Debt: Required when dealing with multiple jurisdictions or where direct security interest creation is problematic
2. Security Agent Provisions: Added when the trustee also acts as security agent in cross-border transactions
3. Intercreditor Provisions: Required when there are multiple classes of creditors with different priorities
4. Future Beneficiaries: Included when anticipating additional secured parties joining the arrangement
5. Tax Provisions: Detailed tax clauses when specific tax implications need to be addressed
6. Limited Recourse and Non-Petition: Added in structured finance transactions or when required by specific creditors
1. Security Assets Schedule: Detailed description of all assets subject to the security trust
2. Form of Accession Deed: Template for new parties joining the security trust arrangement
3. Security Documents: List and copies of all related security documents
4. Beneficiary Details: Complete information about secured parties and their interests
5. Enforcement Procedures: Detailed procedures and requirements for security enforcement
6. Forms of Notices: Template notices for various trust-related communications
7. Trustee Fee Schedule: Detailed breakdown of trustee compensation and payment terms
Authors
Relevant legal definitions
Accession Deed
Additional Security Provider
Beneficiaries
Business Day
Charged Assets
Charging Document
Default
Delegate
Enforcement Event
Enforcement Notice
Enforcement Period
Event of Default
Finance Documents
Financial Indebtedness
Guaranteed Obligations
Initial Security Assets
Insolvency Event
Intercreditor Agreement
Liability
Malta Business Day
MFSA
Original Chargors
Parallel Debt
Party
Permitted Security
Principal Agreement
Principal Obligations
Priority of Payments
Receiver
Recoveries
Release Date
Secured Assets
Secured Obligations
Secured Parties
Security
Security Agent
Security Documents
Security Interest
Security Period
Security Provider
Security Trust
Security Trust Deed
Settlor
Trust Property
Trustee Acts
Trustee Expenses
Trustee Rights
Additional Security Provider
Beneficiaries
Business Day
Charged Assets
Charging Document
Default
Delegate
Enforcement Event
Enforcement Notice
Enforcement Period
Event of Default
Finance Documents
Financial Indebtedness
Guaranteed Obligations
Initial Security Assets
Insolvency Event
Intercreditor Agreement
Liability
Malta Business Day
MFSA
Original Chargors
Parallel Debt
Party
Permitted Security
Principal Agreement
Principal Obligations
Priority of Payments
Receiver
Recoveries
Release Date
Secured Assets
Secured Obligations
Secured Parties
Security
Security Agent
Security Documents
Security Interest
Security Period
Security Provider
Security Trust
Security Trust Deed
Settlor
Trust Property
Trustee Acts
Trustee Expenses
Trustee Rights
Clauses
Interpretation
Declaration of Trust
Appointment of Trustee
Trust Property
Security Creation
Parallel Debt
Trustee Powers
Trustee Duties
Representations and Warranties
Covenants
Further Assurance
Security Enforcement
Application of Proceeds
Delegation
Remuneration
Trustee Liability
Trustee Indemnity
Amendments
Assignment and Transfer
Additional Parties
Notices
Severability
Counterparts
Governing Law
Jurisdiction
Process Agent
Termination
Trustee Resignation and Removal
Successor Trustee
Trust Property Distribution
Intercreditor Provisions
Tax Provisions
Costs and Expenses
Confidentiality
Limited Recourse
Non-Petition
Declaration of Trust
Appointment of Trustee
Trust Property
Security Creation
Parallel Debt
Trustee Powers
Trustee Duties
Representations and Warranties
Covenants
Further Assurance
Security Enforcement
Application of Proceeds
Delegation
Remuneration
Trustee Liability
Trustee Indemnity
Amendments
Assignment and Transfer
Additional Parties
Notices
Severability
Counterparts
Governing Law
Jurisdiction
Process Agent
Termination
Trustee Resignation and Removal
Successor Trustee
Trust Property Distribution
Intercreditor Provisions
Tax Provisions
Costs and Expenses
Confidentiality
Limited Recourse
Non-Petition
Relevant Industries
Banking and Financial Services
Real Estate and Property Development
Corporate Finance
Investment Services
Capital Markets
Infrastructure and Project Finance
Structured Finance
Asset Management
Relevant Teams
Legal
Finance
Compliance
Risk Management
Corporate Trust Services
Transaction Management
Company Secretarial
Security Administration
Credit Risk
Corporate Finance
Relevant Roles
Legal Counsel
Finance Director
Corporate Trustee
Security Trustee
Compliance Officer
Risk Manager
Transaction Manager
Corporate Secretary
Bond Trustee
Facility Agent
Security Agent
Investment Manager
Trust Administrator
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