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Collateral Assignment Agreement Template for Singapore

A Collateral Assignment Agreement under Singapore law is a legal document that creates a security interest in specific assets (collateral) to secure the performance of an obligation. The agreement, governed by Singapore's robust financial and security laws, establishes the terms under which the assignor grants rights over the collateral to the assignee, including enforcement rights upon default. It must comply with Singapore's registration requirements and perfection rules, particularly under the Securities and Futures Act and Companies Act.

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What is a Collateral Assignment Agreement?

A Collateral Assignment Agreement is utilized when parties need to establish a security interest in specific assets to secure an obligation under Singapore law. This document is commonly used in financing transactions, where lenders require security over assets as protection for their loans. The agreement details the assigned collateral, the secured obligations, the parties' rights and obligations, and enforcement mechanisms. It must comply with Singapore's strict regulatory requirements, including registration under relevant statutes and perfection rules. The document is particularly important in Singapore's financial center, where secured lending is a common practice.

What sections should be included in a Collateral Assignment Agreement?

1. Parties: Identifies assignor and assignee with full legal names and addresses

2. Background: Describes the underlying obligation and reason for the collateral assignment

3. Definitions: Defines key terms used throughout the agreement

4. Assignment: Core provision detailing what is being assigned as collateral

5. Representations and Warranties: Assignor's declarations regarding ownership and right to assign

6. Covenants: Ongoing obligations of the assignor regarding the collateral

7. Events of Default: Circumstances triggering enforcement rights

8. Enforcement Rights: Assignee's rights upon default

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

1. Further Assurance: Additional actions parties must take to perfect the assignment

2. Power of Attorney: Grants assignee power to act on assignor's behalf

3. Insurance: Requirements for insuring the collateral

What schedules should be included in a Collateral Assignment Agreement?

1. Description of Collateral: Detailed description of assigned assets

2. Form of Notice: Template notice to be sent to relevant third parties

3. Underlying Documents: List of documents evidencing the underlying obligation

4. Registration Requirements: Details of necessary registrations and filings

Authors

Alex Denne

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

Jurisdiction

Singapore

Publisher

Ƶ

Cost

Free to use

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