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Security Trust Agreement Template for Malaysia

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Key Requirements PROMPT example:

Security Trust Agreement

"I need a Security Trust Agreement under Malaysian law for a syndicated facility involving five banks, where ABC Bank will act as security trustee holding security over the borrower's manufacturing assets and real estate, with the facility expected to close by March 2025."

Document background
The Security Trust Agreement is a crucial document in secured financing arrangements under Malaysian law, typically used in syndicated lending, bond issuances, or other complex financing structures where multiple creditors are involved. It establishes a trust mechanism whereby a security trustee holds security interests over assets on behalf of multiple beneficiaries, enabling efficient security management and enforcement. The agreement is essential when there is a need to coordinate security interests among multiple parties, avoid the complexity of multiple direct security arrangements, and ensure consistent enforcement procedures. It must comply with Malaysian trust and securities laws, including the Trustees Act 1949, Capital Markets and Services Act 2007, and relevant financial services regulations.
Suggested Sections

1. Parties: Identifies the security trustee, security provider(s), and beneficiaries

2. Background: Explains the context of the security arrangement and purpose of the trust

3. Definitions and Interpretation: Defines key terms and interpretation principles

4. Appointment and Declaration of Trust: Establishes the trust and appointment of the security trustee

5. Security Trust: Details the creation and nature of the security trust

6. Secured Obligations: Defines the obligations secured by the trust arrangement

7. Security Assets: Describes the assets subject to the security

8. Powers and Duties of the Security Trustee: Sets out the trustee's authority and responsibilities

9. Representations and Warranties: Contains standard representations from all parties

10. Enforcement: Details enforcement rights and procedures

11. Application of Proceeds: Specifies how recovered amounts are to be distributed

12. Trustee Liability and Indemnity: Limits trustee liability and provides for indemnification

13. Costs and Expenses: Allocates responsibility for costs

14. Termination: Sets out circumstances and process for terminating the trust

15. Governing Law and Jurisdiction: Specifies applicable law and dispute resolution

Optional Sections

1. Parallel Debt: Required in certain jurisdictions to create direct rights for the security trustee

2. Priority Arrangements: Needed when there are multiple creditors with different priority rights

3. Additional Security Provider Provisions: Required when multiple security providers are involved

4. Security Agent Provisions: Used when a separate security agent is appointed

5. Accession Mechanics: Required when new parties may join the arrangement

6. Intercreditor Provisions: Needed when dealing with multiple classes of creditors

7. Tax Provisions: Detailed tax provisions where specific tax implications need addressing

8. Currency Provisions: Required for multi-currency facilities

Suggested Schedules

1. Security Assets Schedule: Detailed description of all assets subject to the security

2. Form of Accession Deed: Template for new parties joining the arrangement

3. Security Trustee Fee Schedule: Details of the trustee's fees and payment arrangements

4. Administrative Details: Contact details and administrative procedures

5. Form of Security Provider Accession: Template for additional security providers

6. Form of Beneficiary Accession: Template for additional beneficiaries

7. Security Trust Operating Procedures: Detailed procedures for trust administration

8. Form of Security Release Notice: Template for releasing security interests

Authors

Alex Denne

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

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Relevant Industries

Banking

Financial Services

Corporate Finance

Real Estate

Infrastructure

Manufacturing

Energy

Mining

Telecommunications

Construction

Asset Management

Investment Banking

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Secretariat

Trust Administration

Credit

Transaction Management

Security Administration

Relevant Roles

Legal Counsel

Corporate Lawyer

Finance Director

Treasury Manager

Compliance Officer

Security Trustee Officer

Transaction Manager

Risk Manager

Corporate Secretary

Trust Administrator

Facility Agent

Security Agent

Investment Manager

Credit Manager

Industries








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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