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Collateral Trust Agreement for Australia

Collateral Trust Agreement Template for Australia

This document establishes a trust arrangement under Australian law where a trustee holds and manages collateral on behalf of beneficiaries (typically lenders or secured parties) in connection with secured financing arrangements. The agreement sets out the terms for the creation, perfection, and enforcement of security interests, incorporating requirements under the Personal Property Securities Act 2009 (Cth) and relevant state trust laws. It details the trustee's powers and duties, collateral maintenance requirements, and enforcement mechanisms in case of default.

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What is a Collateral Trust Agreement?

The Collateral Trust Agreement is a crucial document in secured financing arrangements under Australian law, particularly in transactions involving multiple lenders or complex security arrangements. It is used when parties require an independent trustee to hold and manage collateral for the benefit of secured parties. The agreement establishes the trust structure, defines the collateral parameters, and outlines the mechanisms for maintaining and enforcing security interests. This document is essential in syndicated lending, project finance, and structured finance transactions where centralized collateral management is required. It ensures compliance with Australian security and trust laws, including the Personal Property Securities Act 2009 (Cth) and state-based trust legislation, while providing a clear framework for collateral administration and enforcement.

What sections should be included in a Collateral Trust Agreement?

1. Parties: Identifies all parties to the agreement including the trustee, beneficiaries, security provider(s), and any other relevant parties

2. Background: Sets out the context and purpose of the agreement, including the underlying obligations being secured

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles

4. Appointment of Trustee: Formal appointment of the trustee and acceptance of the trust

5. Declaration of Trust: Establishes the trust structure and defines the trust property

6. Security Interest: Details the creation and nature of the security interest over the collateral

7. Collateral Requirements: Specifies the types, value, and quality requirements for acceptable collateral

8. Trustee Powers and Duties: Outlines the specific powers and responsibilities of the trustee

9. Rights and Obligations of Security Provider: Details the ongoing obligations of the party providing the collateral

10. Events of Default: Defines circumstances constituting default and consequences

11. Enforcement: Procedures for enforcing security interests following an event of default

12. Representations and Warranties: Standard representations and warranties from all parties

13. Fees and Expenses: Details of trustee compensation and expense reimbursement

14. Termination: Conditions and procedures for terminating the trust arrangement

15. General Provisions: Standard boilerplate provisions including notices, amendments, governing law

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

1. Security Release Mechanisms: Procedures for releasing collateral when obligations are met or collateral is substituted - include when partial release of collateral is contemplated

2. Custodian Provisions: Include when a separate custodian will hold the collateral

3. Priority Arrangements: Required when there are multiple secured parties or competing security interests

4. Income and Distribution Provisions: Include when collateral generates income that needs to be collected and distributed

5. Collateral Valuation: Detailed provisions for periodic valuation of collateral - include for complex or variable collateral types

6. Foreign Currency Provisions: Include when collateral or secured obligations involve multiple currencies

7. Tax Provisions: Detailed tax provisions when complex tax implications exist

8. PPSA Specific Provisions: Additional provisions specifically addressing PPSA requirements - include for personal property collateral

What schedules should be included in a Collateral Trust Agreement?

1. Schedule 1 - Description of Collateral: Detailed description and specification of all collateral covered by the agreement

2. Schedule 2 - Security Provider Details: Full details of security providers including corporate information and contact details

3. Schedule 3 - Beneficiary Details: List of beneficiaries and their respective interests or entitlements

4. Schedule 4 - Secured Obligations: Detailed description of the obligations being secured

5. Schedule 5 - Fee Schedule: Detailed breakdown of trustee fees and charges

6. Schedule 6 - Operating Procedures: Detailed procedures for collateral maintenance, substitution, and valuation

7. Schedule 7 - Forms: Standard forms for notices, collateral transfers, and other routine communications

8. Appendix A - Security Registration Details: PPSA and other security registration information

9. Appendix B - Authorized Signatories: List of authorized signatories for each party with specimen signatures

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Security Agreement

Sector

Cost

Free to use
Relevant legal definitions





















































Clauses

































Relevant Industries

Banking and Financial Services

Investment Management

Corporate Lending

Infrastructure and Project Finance

Real Estate and Property

Mining and Resources

Energy and Utilities

Asset Management

Insurance

Private Equity

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Finance

Transaction Management

Trust Administration

Security Operations

Portfolio Management

Relevant Roles

General Counsel

Legal Counsel

Finance Director

Chief Financial Officer

Treasury Manager

Security Trustee

Trust Manager

Compliance Officer

Risk Manager

Transaction Manager

Portfolio Manager

Corporate Lawyer

Banking Lawyer

Security Administrator

Trust Officer

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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