Collateral Access Agreement

Collateral Access Agreement Template for Singapore

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Key Requirements PROMPT example:

"Need a Collateral Access Agreement for our Singapore warehouse facility where ABC Bank (secured creditor) needs to inspect machinery held as collateral, with specific provisions for 24-hour notice and access limited to business hours starting March 2025."

What is a Collateral Access Agreement?

The Collateral Access Agreement is essential in secured lending transactions where collateral is held by a third party rather than the debtor or secured creditor. Under Singapore law, this document ensures that secured creditors maintain effective control over their security interests by establishing clear protocols for accessing and inspecting collateral. The agreement becomes particularly important in scenarios involving warehoused goods, leased premises, or third-party custodians. It addresses key considerations under Singapore's secured transactions framework, including priority rights, notice requirements, and enforcement mechanisms.

What sections should be included in a Collateral Access Agreement?

1. Parties: Identification of all parties to the agreement including the collateral holder, secured party, and debtor

2. Background: Context of the agreement and reference to primary facility/security agreements

3. Definitions: Key terms used throughout the agreement including defined terms from relevant legislation

4. Grant of Access Rights: Specific rights granted for accessing and inspecting collateral, including conditions and restrictions

5. Notice Requirements: Procedures for requesting and granting access, including timing and format requirements

6. Security Interest Acknowledgment: Recognition of existing security interests and priorities under Singapore law

7. Representations and Warranties: Standard representations regarding authority, capacity, and enforceability

8. Term and Termination: Duration of the agreement and circumstances allowing for termination

9. Governing Law and Jurisdiction: Specification of Singapore law as governing law and submission to Singapore courts

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

1. Insurance Requirements: Provisions regarding insurance of collateral and access to insurance documentation when physical assets are involved

2. Landlord Provisions: Specific provisions relating to landlord rights when collateral is located in leased premises

3. Third Party Rights: Provisions dealing with rights of other secured parties when multiple security interests exist

4. Costs and Expenses: Provisions for allocation of costs related to access and inspection

5. Force Majeure: Provisions dealing with circumstances preventing access due to events beyond parties' control

What schedules should be included in a Collateral Access Agreement?

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

2. Schedule 2 - Form of Access Notice: Template notice for requesting access to collateral

3. Schedule 3 - Priority Arrangements: Details of ranking between different security interests if applicable

4. Schedule 4 - Property Details: Description of premises where collateral is located

5. Schedule 5 - Authorized Representatives: List of persons authorized to request and grant access

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Banking and Finance
Manufacturing
Logistics and Warehousing
Real Estate

Relevant Teams

Legal
Credit
Risk Management
Operations
Treasury

Relevant Roles

Credit Manager
Risk Officer
Facility Manager
Security Trustee
Legal Counsel
Compliance Officer

Industries

Securities and Futures Act (Cap. 289): Primary legislation governing securities, futures, and financial markets in Singapore. Relevant for collateral arrangements involving securities and financial instruments.

Personal Property Securities Act: Governs security interests in personal property, including registration and priority rules for collateral.

Banking Act (Cap. 19): Regulates banking institutions and their activities, including requirements for banking security arrangements and collateral.

Companies Act (Cap. 50): Fundamental legislation governing company operations, including creation and registration of company charges and security interests.

Conveyancing and Law of Property Act (Cap. 61): Regulates property transactions and security interests in real property, including mortgages and charges.

Bills of Sale Act (Cap. 24): Governs documentation and registration requirements for security interests in personal chattels.

Registration of Deeds Act (Cap. 269): Provides framework for registration of instruments affecting title to land and other property.

Insolvency, Restructuring and Dissolution Act 2018: Consolidated legislation dealing with corporate and individual insolvency, including treatment of security interests in insolvency.

Companies (Amendment) Act 2017: Updates to company law affecting corporate governance and security arrangements.

Land Titles Act (Cap. 157): Governs registration and dealings with landed property, relevant if real property collateral is involved.

State Lands Act (Cap. 314): Regulates dealings with state land and associated security interests.

Personal Data Protection Act: Governs the collection, use, and disclosure of personal data, relevant when handling personal information in collateral arrangements.

MAS Guidelines: Regulatory guidelines issued by the Monetary Authority of Singapore affecting financial institutions and security arrangements.

SGX Rules: Singapore Exchange regulations affecting listed companies and their security arrangements.

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Let's create your Collateral Access Agreement

What is a Collateral Access Agreement?

What sections should be included in a Collateral Access Agreement?

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

What schedules should be included in a Collateral Access Agreement?

Authors

Alex Denne

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