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Security Trust Deed Template for Switzerland

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Key Requirements PROMPT example:

Security Trust Deed

"I need a Security Trust Deed under Swiss law for a syndicated loan facility closing on March 15, 2025, where multiple international banks will share security over real estate assets and operating subsidiaries in Switzerland and Germany."

Document background
The Security Trust Deed is a crucial document in complex financing transactions where multiple lenders or bondholders need to share security interests effectively. Under Swiss law, while domestic trust law doesn't exist, trusts are recognized through the Hague Convention on the Law Applicable to Trusts. This document establishes a trust structure over security interests, appointing a security trustee to hold and manage security for the benefit of multiple secured parties. The Security Trust Deed is particularly valuable in syndicated lending, bond issuances, and other multi-creditor scenarios, providing a streamlined mechanism for security management and enforcement. It details the trustee's powers, duties, and limitations, the secured assets' scope, enforcement procedures, and the beneficiaries' rights, while ensuring compliance with Swiss legal requirements and international banking practices.
Suggested Sections

1. Parties: Identification of the Security Trustee, Security Provider(s), and Beneficiaries

2. Background: Context of the security arrangement, reference to underlying obligations and purpose of the trust

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Declaration of Trust: Formal creation of trust over the security assets

5. Security Assets: Detailed description and scope of the assets subject to the security trust

6. Secured Obligations: Definition and scope of the obligations secured by the trust arrangement

7. Powers and Duties of Security Trustee: Detailed provisions regarding trustee's authority, responsibilities, and limitations

8. Security Trust Administration: Operational aspects of managing the security trust

9. Enforcement: Circumstances and procedures for enforcing security interests

10. Priority and Subordination: Ranking of security interests and relationship with other creditors

11. Representations and Warranties: Standard declarations by the parties

12. Liability and Indemnification: Provisions regarding trustee liability and indemnification

13. Changes to Parties: Procedures for trustee resignation, removal, and appointment of successor

14. Costs and Expenses: Allocation of costs related to the trust arrangement

15. Notices: Communication procedures between parties

16. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

17. Miscellaneous: Standard boilerplate provisions

Optional Sections

1. Parallel Debt: Required if the security package includes jurisdictions that don't recognize trust concepts

2. Security Agent Provisions: Required if the trustee also acts as security agent in certain jurisdictions

3. Currency Conversion: Include if secured obligations are in multiple currencies

4. Tax Provisions: Detailed tax provisions if significant cross-border elements exist

5. Bank Accounts: Required if trust includes control over specific bank accounts

6. Amendments and Waivers: Additional provisions for complex, syndicated arrangements

7. Information Rights: Detailed reporting requirements for complex security packages

Suggested Schedules

1. Security Assets Schedule: Detailed description and documentation of all security assets

2. Beneficiaries Schedule: List and details of initial beneficiaries

3. Forms of Accession: Template documents for new parties joining the arrangement

4. Form of Transfer Certificate: Template for transferring rights under the deed

5. Security Documents: List and copies of related security documents

6. Notice Forms: Template notices to perfect security interests

7. Fee Schedule: Details of trustee compensation and fee structure

8. Powers of Attorney: Forms of powers of attorney granted to the trustee

Authors

Alex Denne

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

Relevant legal definitions






















































Clauses

































Relevant Industries

Banking and Financial Services

Investment Management

Corporate Finance

Real Estate

Infrastructure

Energy

Manufacturing

Technology

Telecommunications

Healthcare

Transportation and Logistics

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Secretariat

Investment

Banking

Security Administration

Transaction Management

Relevant Roles

General Counsel

Legal Director

Corporate Lawyer

Finance Director

Chief Financial Officer

Treasury Manager

Compliance Officer

Risk Manager

Transaction Manager

Security Trustee

Facility Agent

Corporate Secretary

Investment Manager

Senior Legal Counsel

Banking Lawyer

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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