Refinance Agreement for Singapore

Refinance Agreement Template for Singapore

A Refinance Agreement under Singapore law is a legally binding document that facilitates the replacement of an existing debt obligation with a new debt obligation under different terms. The agreement is governed by Singapore's Banking Act and related MAS regulations, including specific requirements for debt servicing ratios and lending practices. It outlines the terms of the new facility, security arrangements, and obligations of all parties involved, while ensuring compliance with Singapore's strict financial regulatory framework.

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What is a Refinance Agreement?

A Refinance Agreement is commonly used when borrowers seek to modify their existing debt obligations, typically to secure more favorable terms such as lower interest rates, extended repayment periods, or different security arrangements. Under Singapore law, these agreements must comply with strict regulatory requirements, including MAS guidelines on Total Debt Servicing Ratio (TDSR) and fair dealing principles. The document typically includes details of both the existing and new facilities, security arrangements, conditions precedent, and ongoing obligations of all parties involved.

What sections should be included in a Refinance Agreement?

1. Parties: Identification of all parties involved in the refinancing agreement

2. Background: Context of the refinancing, including details of existing facility being refinanced

3. Definitions: Key terms used throughout the agreement

4. Facility Terms: New loan amount, interest rate, tenure, and repayment terms

5. Conditions Precedent: Conditions that must be satisfied before refinancing takes effect

6. Security Arrangements: Details of collateral and security documents

7. Representations and Warranties: Statements of fact by borrower regarding their situation

8. Events of Default: Circumstances constituting default and consequences

What sections are optional to include in a Refinance Agreement?

1. Insurance Requirements: Required when specific insurance coverage is mandatory for property-backed refinancing

2. Guarantor Provisions: Terms relating to guarantors when third-party guarantees are involved

3. Property Covenants: Specific terms relating to property maintenance and use for property-backed refinancing

What schedules should be included in a Refinance Agreement?

1. Schedule 1 - Existing Facility Details: Details of the facility being refinanced

2. Schedule 2 - Security Documents: List and copies of security documents

3. Schedule 3 - Repayment Schedule: Detailed breakdown of repayment structure

4. Appendix A - Property Details: For property-backed refinancing

5. Appendix B - Required Insurance Coverage: Details of mandatory insurance requirements

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 governing banking institutions and their lending practices in Singapore, including provisions on credit facilities and security arrangements

Moneylenders Act (Cap. 188): Regulates moneylending activities in Singapore, particularly relevant for refinancing involving non-bank lenders

Securities and Futures Act (Cap. 289): Governs securities and financial instruments in Singapore, applicable if refinancing involves these elements

Residential Property Act: Regulates the ownership and transactions of residential property in Singapore

Housing and Development Act: Governs public housing matters and HDB properties in Singapore

Conveyancing and Law of Property Act: Regulates property transactions and real estate matters in Singapore

MAS Notice 645: Monetary Authority of Singapore regulation on Total Debt Servicing Ratio (TDSR) requirements

MAS Notice 632: Monetary Authority of Singapore regulation specifically dealing with residential property loans

MAS Guidelines on Fair Dealing: Guidelines ensuring fair treatment of consumers in financial transactions

Consumer Protection (Fair Trading) Act: Protects consumer interests and ensures fair trading practices in Singapore

Unfair Contract Terms Act: Regulates unfair terms in contracts and protects parties from unreasonable contract provisions

Contract Act (Cap. 53): Fundamental legislation governing contract formation and enforcement in Singapore

Stamp Duties Act: Regulates the imposition of stamp duties on documents and transactions in Singapore

Personal Data Protection Act 2012: Governs the collection, use, and disclosure of personal data in Singapore

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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