Trust Loan Agreement for Philippines

Trust Loan Agreement Template for Philippines

A Trust Loan Agreement under Philippine law is a specialized financial instrument that combines elements of both trust law and loan arrangements. This document establishes a trust relationship where funds are lent under specific terms and conditions, with the lender acting as trustee and the borrower as trustor. The agreement must comply with Philippine banking regulations, particularly those set by the Bangko Sentral ng Pilipinas, and incorporates provisions from the Civil Code of the Philippines regarding trusts and loans. It details the loan terms, trust administration requirements, security arrangements, and the rights and obligations of all parties involved.

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What is a Trust Loan Agreement?

The Trust Loan Agreement is commonly used in the Philippines when parties wish to establish a secure lending arrangement with additional trust protections and oversight. This document is particularly relevant when there's a need for professional fund management combined with lending facilities, often used in complex financial transactions or when additional security and monitoring are required. The agreement must comply with Philippine trust and banking regulations, including requirements from the Bangko Sentral ng Pilipinas and the Civil Code. It typically includes detailed provisions for loan terms, trust administration, security arrangements, reporting requirements, and the specific duties of the trustee-lender. This type of agreement is especially useful in scenarios involving substantial loan amounts, multiple beneficiaries, or complex security arrangements that benefit from trust structure oversight.

What sections should be included in a Trust Loan Agreement?

1. Parties: Identification of the Lender (Trustee), Borrower (Trustor), and any Beneficiaries

2. Background: Context of the trust loan arrangement and the purpose of the trust

3. Definitions: Definitions of key terms used throughout the agreement

4. Trust Property: Description of the loan amount and any other assets placed in trust

5. Trust Terms: Core terms of the trust arrangement including duties and powers of the trustee

6. Loan Terms: Essential loan conditions including principal amount, interest rate, and repayment terms

7. Security: Details of any collateral or security provided for the loan

8. Representations and Warranties: Statements of fact and assurances from both parties

9. Covenants: Ongoing obligations of both parties during the term of the agreement

10. Events of Default: Circumstances constituting default and consequences

11. Remedies: Actions available to parties in case of breach or default

12. Trust Administration: Procedures for managing the trust property and loan

13. Fees and Expenses: Details of trustee fees and other costs

14. Term and Termination: Duration of the agreement and termination provisions

15. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction

16. Execution: Signature blocks and execution requirements

What sections are optional to include in a Trust Loan Agreement?

1. Guarantee: Include when there is a third-party guarantor for the loan

2. Insurance: Include when specific insurance requirements are needed for the loan or trust property

3. Assignment and Transfer: Include when rights under the agreement may be assignable

4. Co-Trustees: Include when multiple trustees are involved

5. Trust Committee: Include when a committee is required for trust decisions

6. Foreign Exchange Provisions: Include when the loan involves foreign currency

7. Tax Provisions: Include detailed tax provisions when complex tax implications exist

8. Force Majeure: Include when specific force majeure provisions are required

9. Electronic Execution: Include when electronic signing is permitted

What schedules should be included in a Trust Loan Agreement?

1. Schedule 1 - Loan Terms: Detailed breakdown of loan amount, interest calculations, and payment schedule

2. Schedule 2 - Security Details: Comprehensive description of any collateral or security arrangements

3. Schedule 3 - Trust Property: Detailed inventory of all assets placed in trust

4. Schedule 4 - Fee Schedule: Breakdown of all fees, charges, and expenses

5. Schedule 5 - Required Documents: List of all required documentation for the trust and loan

6. Schedule 6 - Authorized Signatories: List of persons authorized to act on behalf of each party

7. Appendix A - Form of Draw Down Notice: Template for requesting loan disbursements

8. Appendix B - Form of Compliance Certificate: Template for periodic compliance certification

9. Appendix C - Trust Administration Procedures: Detailed procedures for trust administration

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Philippines

Publisher

Genie AI

Document Type

Finance Agreement

Cost

Free to use

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