The Termination Of Security Agreement is a crucial document used in Malta when parties wish to formally end their security arrangements, typically following the full repayment of secured obligations or a mutual agreement to release security interests. This document is essential in various financial and corporate scenarios, including loan repayments, refinancing transactions, or corporate restructurings. It must comply with Maltese legislation, including the Civil Code (Chapter 16), Companies Act (Chapter 386), and Financial Collateral Arrangements Regulations. The agreement serves to document the discharge of secured obligations, release of security interests, and includes provisions for de-registration from relevant public registers. It's particularly important in Malta's financial services sector, where proper documentation of security releases is crucial for maintaining clear title and avoiding future disputes.
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1. Parties: Identification of the security provider, security holder, and any other relevant parties
2. Background: Details of the original security agreement, date of creation, and reason for termination
3. Definitions: Key terms used in the agreement, including references to the original security agreement and related documents
4. Confirmation of Discharge: Confirmation that secured obligations have been fully satisfied or waived
5. Termination: Express termination of the security agreement and release of security interests
6. Release and Discharge: Formal release of all security interests, charges, and encumbrances
7. Return of Documents: Provisions for the return of any security documents or certificates
8. De-registration: Requirements for removing security interests from relevant registers
9. Representations and Warranties: Confirmations regarding authority to terminate and absence of third-party claims
10. Governing Law and Jurisdiction: Confirmation of Maltese law governance and jurisdiction
1. Partial Termination Provisions: Used when only certain security interests or assets are being released while others remain in force
2. Surviving Provisions: Required when certain obligations or rights survive the termination
3. Further Assurance: Include when additional actions may be needed post-termination
4. Costs and Expenses: Include when there are specific arrangements for bearing termination-related costs
5. Third Party Rights: Required when there are other parties with interests in the security arrangement
6. Regulatory Compliance: Include when termination requires specific regulatory notifications or approvals
1. Original Security Agreement: Copy or details of the security agreement being terminated
2. Released Assets: Detailed list of assets over which security is being released
3. Required Filings: List of all registrations to be terminated and forms to be filed
4. Evidence of Discharge: Proof of satisfaction of secured obligations
5. Form of Public Notices: Templates for any required public notices of termination
6. Powers of Attorney: If required for executing de-registration or related actions
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