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Development Funding Agreement

Development Funding Agreement Template for Singapore

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Key Requirements PROMPT example:

Development Funding Agreement

"Need a Development Funding Agreement for a tech startup project where we're receiving SGD 2 million in staged payments from a venture capital firm, with specific milestones related to our AI platform development to be completed by March 2025."

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What is a Development Funding Agreement?

The Development Funding Agreement is essential for projects requiring structured financial support in Singapore. It provides a comprehensive framework for managing development funding relationships, typically used when a funder agrees to provide financial support for a specific development project. The agreement addresses key aspects such as funding terms, security arrangements, project monitoring, and risk allocation, while ensuring compliance with Singapore's legal and regulatory requirements. This document is particularly crucial for complex development projects where staged funding and clear performance metrics are necessary.

What sections should be included in a Development Funding Agreement?

1. Parties: Identification and details of all contracting parties involved in the development funding agreement

2. Background: Context of the development project, purpose of the funding arrangement, and relevant history of the relationship

3. Definitions: Key terms and their meanings as used throughout the agreement

4. Funding Terms: Details of funding amount, disbursement schedule, conditions precedent, and payment mechanisms

5. Development Obligations: Project milestones, deliverables, timelines, and performance standards

6. Representations and Warranties: Statements of fact and assurances from both parties regarding their capacity, authority, and project-related matters

7. Covenants: Ongoing obligations of both parties throughout the term of the agreement

8. Events of Default: Circumstances constituting breach and their consequences

9. Termination: Conditions and process for ending the agreement, including consequences of termination

10. General Provisions: Standard contractual provisions including governing law, notices, amendments, and dispute resolution

What sections are optional to include in a Development Funding Agreement?

1. Security Arrangements: Details of any collateral, guarantees, or other security provisions - include when funding is secured against assets

2. Intellectual Property Rights: Ownership, licensing, and protection of intellectual property - include when development involves creation of IP

3. Environmental Compliance: Environmental obligations and standards - include for projects with environmental impact

4. Employment Matters: Provisions relating to project staff and contractors - include when development involves significant human resources

5. Regulatory Compliance: Specific regulatory obligations and requirements - include for heavily regulated industries

What schedules should be included in a Development Funding Agreement?

1. Schedule 1 - Project Timeline: Detailed development milestones, dates, and critical path activities

2. Schedule 2 - Disbursement Schedule: Breakdown of funding tranches, timing, and conditions for each disbursement

3. Schedule 3 - Technical Specifications: Detailed project requirements, standards, and technical parameters

4. Schedule 4 - Form of Progress Reports: Template and requirements for project status reporting

5. Schedule 5 - Security Documents: Forms of security documents, guarantees, or collateral arrangements

6. Schedule 6 - Key Personnel: List of key project team members and their roles

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






































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Industries

Contracts Act (Cap. 53): Primary legislation governing contract formation, validity, and enforcement in Singapore. Essential for structuring the funding agreement's basic terms and conditions.

Companies Act (Cap. 50): Regulates corporate entities in Singapore, relevant for understanding the legal standing of parties involved and corporate compliance requirements.

Property Law Act (Cap. 242): Relevant if the development funding involves real property or secured transactions against property.

Moneylenders Act (Cap. 188): Applicable if the funding arrangement could be classified as moneylending activity, regulating terms of lending and interest.

Securities and Futures Act (Cap. 289): Important if the funding involves securities, investment arrangements, or financial instruments.

MAS Guidelines: Monetary Authority of Singapore regulatory guidelines governing financial arrangements and transactions in Singapore.

Financial Advisers Act (Cap. 110): Relevant for financial advisory aspects of the funding arrangement and compliance with financial advisory regulations.

Copyright Act (Cap. 63): Protects intellectual property rights in creative works, crucial for development projects involving IP.

Patents Act (Cap. 221): Governs patent rights and protection, essential for development projects involving innovative technologies.

Trade Marks Act (Cap. 332): Protects trademarks and brands, relevant for development projects involving branding elements.

Income Tax Act (Cap. 134): Governs taxation of income and profits, important for structuring funding arrangements tax-efficiently.

Stamp Duties Act (Cap. 312): Regulates stamp duties payable on certain documents and transactions.

GST Act (Cap. 117A): Governs Goods and Services Tax implications of funding and development activities.

Arbitration Act (Cap. 10): Framework for arbitration as a dispute resolution mechanism in Singapore.

Mediation Act 2017: Provides framework for mediation proceedings and enforceability of mediated settlements.

Personal Data Protection Act 2012: Regulates collection, use, and disclosure of personal data, crucial if development involves data processing.

Competition Act (Cap. 50B): Ensures fair competition and prevents anti-competitive practices in business arrangements.

Employment Act (Cap. 91): Regulates employment relationships and rights, relevant if development involves workforce matters.

Banking Act (Cap. 19): Regulates banking institutions and banking activities, relevant if funding involves bank participation.

Supreme Court of Judicature Act (Cap. 322): Establishes jurisdiction and powers of Singapore courts for dispute resolution.

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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