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Collateral Trust Agreement for the United Kingdom

Collateral Trust Agreement Template for England and Wales

A Collateral Trust Agreement under English and Welsh law is a legal document establishing a trust structure for holding and managing collateral assets for the benefit of secured parties. It sets out the rights and obligations of the trustee, the requirements for maintaining collateral, and the procedures for enforcement in case of default. The agreement incorporates specific provisions required under English trust law and financial regulations, particularly the Law of Property Act 1925 and the Financial Collateral Arrangements Regulations.

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What is a Collateral Trust Agreement?

A Collateral Trust Agreement is utilized when parties require a secure structure for holding collateral assets in connection with financing transactions. This document, governed by English and Welsh law, creates a trust arrangement whereby a trustee holds and manages collateral for the benefit of secured parties, typically in the context of secured lending, bond issuances, or structured finance transactions. The agreement details the trustee's powers and duties, collateral requirements, enforcement mechanisms, and compliance with relevant financial regulations and trust law principles.

What sections should be included in a Collateral Trust Agreement?

1. Parties: Identification of trustee, settlor, beneficiaries, and secured parties

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Trust Creation: Formal establishment of the trust and declaration of trust property

5. Trustee Powers and Duties: Scope of trustee authority and responsibilities

6. Collateral Requirements: Description of required collateral and maintenance obligations

7. Security Interest Provisions: Terms governing security interests and enforcement rights

8. Default and Remedies: Events of default and available remedies

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

1. Custodian Provisions: Additional provisions required when a third-party custodian is involved in holding collateral

2. Investment Provisions: Guidelines and restrictions for investment of trust assets when trustee has investment discretion

3. Waterfall Provisions: Priority of payments and distributions in complex multi-party arrangements

What schedules should be included in a Collateral Trust Agreement?

1. Form of Collateral Schedule: Details of specific collateral assets and their values

2. Form of Notice: Standard forms for various notices required under the agreement

3. Security Documents: Forms of security documents and perfection requirements

4. Fee Schedule: Trustee and custodian fee arrangements

5. Operating Procedures: Detailed procedures for collateral transfers and valuations

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

England and Wales

Publisher

Ƶ

Document Type

Security Agreement

Cost

Free to use
Relevant legal definitions








































Clauses






























Industries

Law of Property Act 1925: Primary legislation governing the creation and operation of trusts, rules regarding legal and equitable interests in property, and requirements for writing and formalities

Trustee Act 2000: Defines trustee's duties and powers, investment powers, and the standard of care required from trustees

Financial Collateral Arrangements (No.2) Regulations 2003: Implements EU Directive on financial collateral arrangements and establishes rules regarding security interests over financial collateral

Insolvency Act 1986: Covers treatment of security interests in insolvency, priority rules, and the anti-deprivation principle

Financial Services and Markets Act 2000: Relevant when the arrangement involves regulated financial activities

Companies Act 2006: Covers registration requirements for company charges and corporate capacity issues

Consumer Credit Act 1974: Applicable if any consumer elements are involved in the arrangement

Trust Law Principles: Common law principles governing the creation and operation of trusts

Equity Principles: Fundamental principles of equity relevant to trust arrangements

Contract Law Fundamentals: Basic principles of contract law that underpin the agreement

Security Interest Principles: Common law principles governing the creation and enforcement of security interests

FCA/PRA Requirements: Regulatory requirements from the Financial Conduct Authority and Prudential Regulation Authority

Anti-Money Laundering Regulations: Regulatory requirements for preventing money laundering in financial arrangements

LIBOR Transition Requirements: Requirements related to the transition away from LIBOR reference rates in financial contracts

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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