Asset Based Loan Agreement for Singapore

Asset Based Loan Agreement Template for Singapore

An Asset Based Loan Agreement under Singapore law is a specialized financing document where a lender provides funding secured against specific assets of the borrower. The agreement complies with Singapore's Banking Act, Securities and Futures Act, and relevant MAS guidelines. It details the loan terms, security arrangements, asset valuation methods, and ongoing obligations of the parties, with particular attention to Singapore's security registration and perfection requirements.

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What is a Asset Based Loan Agreement?

The Asset Based Loan Agreement is a crucial financing instrument in Singapore's commercial lending landscape. It enables businesses to obtain funding by leveraging their tangible assets as security. This document is particularly relevant when companies need working capital but prefer not to or cannot provide traditional real estate security. The agreement must comply with Singapore's robust regulatory framework, including MAS guidelines and the Banking Act. It typically includes detailed provisions for asset valuation, monitoring, and enforcement rights, reflecting Singapore's sophisticated approach to secured lending.

What sections should be included in a Asset Based Loan Agreement?

1. Parties: Identification of lender and borrower, including registration details and addresses

2. Background: Context of the loan, purpose, and general structure of the security arrangement

3. Definitions and Interpretation: Key terms used in the agreement, including asset definitions, financial terms, and interpretation rules

4. The Facility: Details of the loan amount, purpose, and availability

5. Security: Description of assets being used as security, creation of security interest

6. Conditions Precedent: Prerequisites that must be satisfied before loan drawdown

7. Drawdown: Procedures and conditions for accessing the loan

8. Interest and Fees: Interest rates, calculation methods, and applicable fees

9. Repayment: Repayment terms, schedule, and prepayment provisions

10. Representations and Warranties: Statements of fact and assurances from the borrower

11. Covenants: Ongoing obligations of the borrower

12. Events of Default: Circumstances constituting default and consequences

What sections are optional to include in a Asset Based Loan Agreement?

1. Insurance: Requirements for insuring secured assets

2. Guarantees: Terms of any guarantees provided

3. Security Margin: Requirements for maintaining asset value ratios

4. Cross-Default: Provisions linking defaults under other agreements

What schedules should be included in a Asset Based Loan Agreement?

1. Schedule 1 - Asset Schedule: Detailed description of secured assets

2. Schedule 2 - Conditions Precedent: List of required documents and conditions

3. Schedule 3 - Drawdown Notice: Form of drawdown request

4. Schedule 4 - Repayment Schedule: Detailed repayment timeline

5. Schedule 5 - Financial Covenants: Detailed financial maintenance requirements

6. Appendix A - Valuation Methodology: Methods for valuing secured assets

7. Appendix B - Form of Security Documents: Templates for additional security documentation

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 | Serial Founder & Legal AI Author

Jurisdiction

Singapore

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Banking Act (Cap. 19): Primary legislation that regulates banking business and lending activities in Singapore, setting requirements for licensed banks and financial institutions

Securities and Futures Act (Cap. 289): Governs securities-based lending and creation of security interests in financial assets, particularly relevant if the assets used as security are securities or financial instruments

Companies Act (Cap. 50): Contains provisions relating to company charges, registration requirements, corporate borrowing and creation of security interests

Personal Property Securities Act: Regulates security interests in personal property and establishes registration requirements for such security interests

Moneylenders Act (Cap. 188): Governs moneylending activities, including licensing requirements and interest rate restrictions for non-bank lenders

Consumer Protection (Fair Trading) Act: Provides consumer protection measures and fair trading provisions, applicable if the borrower is a consumer

Contractual Rights of Third Parties Act: Affects provisions relating to third-party rights, assignment and transfer provisions in loan agreements

MAS Guidelines: Regulatory guidelines issued by the Monetary Authority of Singapore covering credit practices, risk management, and collateral valuation standards

Credit Bureau Singapore Regulations: Guidelines governing credit reporting requirements and credit assessment standards

ACRA Registration Requirements: Requirements set by the Accounting and Corporate Regulatory Authority for registration of charges and security interests

Stamp Duties Act: Governs the stamp duties applicable to loan documents and security instruments

Common Law Principles on Unfair Contract Terms: Legal principles and statutory provisions that protect against unfair terms in contracts, ensuring fairness and reasonableness

Teams

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