Collateral Control Agreement for Singapore

Collateral Control Agreement Template for Singapore

A Collateral Control Agreement under Singapore law is a tripartite agreement that establishes the terms and conditions for the control and management of collateral in secured financing arrangements. The agreement, governed by Singapore's Securities and Futures Act and related legislation, defines the rights and obligations of the collateral provider, secured party, and collateral agent, ensuring proper custody and control of the secured assets while protecting the interests of all parties involved.

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What is a Collateral Control Agreement?

The Collateral Control Agreement is essential in secured financing transactions where third-party control of collateral is required. This document, governed by Singapore law, establishes the framework for managing and controlling collateral, whether physical assets, securities, or other valuable property. It outlines the appointment of a collateral agent, defines control mechanisms, specifies monitoring requirements, and establishes clear procedures for collateral release or enforcement. The agreement is particularly crucial in trade finance, structured finance, and other secured lending arrangements where proper collateral management is vital for risk mitigation.

What sections should be included in a Collateral Control Agreement?

1. Parties: Identifies all parties to the agreement: typically the Collateral Provider, Collateral Agent/Manager, and Secured Party

2. Background/Recitals: Explains the context and purpose of the agreement, including reference to the underlying facility agreement

3. Definitions: Defines key terms used throughout the agreement

4. Appointment of Collateral Manager: Terms of appointment and scope of authority

5. Control and Custody of Collateral: Provisions regarding possession, control, and maintenance of collateral

6. Rights and Obligations: Detailed responsibilities of each party

7. Instructions and Communications: Procedures for giving and receiving instructions regarding collateral

8. Fees and Expenses: Payment terms for collateral management services

9. Term and Termination: Duration and termination provisions

What sections are optional to include in a Collateral Control Agreement?

1. Insurance: Required when collateral includes physical assets requiring insurance

2. Cross-Border Provisions: Specific provisions for international arrangements

3. Electronic Systems: Provisions regarding electronic monitoring and reporting systems

What schedules should be included in a Collateral Control Agreement?

1. Description of Collateral: Detailed listing and description of all collateral covered

2. Fee Schedule: Detailed breakdown of fees and charges

3. Operating Procedures: Specific procedures for handling and managing collateral

4. Form of Notices: Standard forms for various notices under the agreement

5. Authorized Signatories: List of persons authorized to give instructions

6. Reporting Requirements: Templates and schedules for required reports

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

Security Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Securities and Futures Act (Cap. 289): Primary legislation governing securities, futures, and financial markets in Singapore, including provisions for security interests and collateral arrangements

Companies Act (Cap. 50): Key legislation governing company operations in Singapore, including registration requirements for charges and security interests

Banking Act (Cap. 19): Regulatory framework for banking institutions in Singapore, including provisions related to securing collateral

Monetary Authority of Singapore Act (Cap. 186): Establishes regulatory framework and MAS guidelines affecting financial security arrangements

Insolvency, Restructuring and Dissolution Act 2018: Comprehensive legislation governing corporate insolvency and restructuring, affecting creditor rights and security interests

Contract Law (Amendment) Act: Fundamental legislation governing contract formation and enforcement in Singapore

Electronic Transactions Act: Governs electronic transactions and digital signatures, relevant for modern collateral control agreements

MAS Guidelines: Regulatory guidelines issued by the Monetary Authority of Singapore concerning security arrangements and collateral management

Common Law Principles: Established case law and principles regarding mortgages, pledges, and security interests in Singapore's legal system

Cross-border Security Regulations: Rules and requirements governing international security arrangements and conflict of laws provisions

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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