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Security Trust Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Security Trust Agreement

"I need a Security Trust Agreement under Hong Kong law for a syndicated loan facility closing on March 15, 2025, where ABC Bank Limited will act as security trustee for a group of five international banks, with security over commercial real estate assets in Hong Kong."

Document background
The Security Trust Agreement is a crucial document in secured financing transactions under Hong Kong law, particularly in syndicated lending, bond issuances, and other multi-creditor arrangements. It is used when security needs to be held for the benefit of multiple parties or where the secured parties may change over time. The agreement creates a trust structure whereby a professional trustee holds security interests over various assets on behalf of beneficiaries (typically lenders or bondholders). This arrangement simplifies security administration, avoids the need for multiple security registrations, and provides a clear framework for decision-making and enforcement. The document must comply with Hong Kong's Trustee Ordinance and Securities and Futures Ordinance, while also addressing practical commercial requirements.
Suggested Sections

1. Parties: Identifies the security trustee, security provider(s), and beneficiaries

2. Background: Explains the context of the security arrangement and the purpose of the trust

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Declaration of Trust: Formal creation of the trust and appointment of trustee

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

6. Trustee Powers and Duties: Comprehensive list of trustee's powers and obligations

7. Security Interest: Nature and extent of the security interest being created

8. Representations and Warranties: Standard representations from all parties

9. Enforcement: Rights and procedures for enforcing the security

10. Application of Proceeds: Order of priority for distributing enforcement proceeds

11. Expenses and Indemnity: Trustee's right to expenses and indemnification

12. Changes to Parties: Procedures for replacement of trustee and transfers

13. General Provisions: Standard boilerplate clauses including notices, amendments, governing law

Optional Sections

1. Parallel Debt: Required when dealing with jurisdictions that don't recognize trust concepts

2. Security Agent Provisions: Added when the trustee also acts as security agent

3. Intercreditor Provisions: Required when multiple classes of beneficiaries exist

4. Further Assurance: Additional security perfection requirements

5. Tax Provisions: Specific tax arrangements and gross-up obligations

6. Currency Provisions: Required for multi-currency security arrangements

7. Power of Attorney: Specific powers of attorney granted to trustee

Suggested Schedules

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

2. Schedule 2 - Beneficiaries: List of initial beneficiaries and their respective interests

3. Schedule 3 - Forms of Transfer: Standard forms for transferring security interests or trustee rights

4. Schedule 4 - Notice Requirements: Forms of notices required for perfection of security

5. Schedule 5 - Enforcement Procedures: Detailed enforcement procedures and requirements

6. Appendix A - Security Documents: Forms of underlying security documents

7. Appendix B - Fee Schedule: Trustee's fee structure and payment terms

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





















































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Relevant Industries

Banking

Financial Services

Real Estate

Infrastructure

Private Equity

Asset Management

Project Finance

Shipping

Aviation

Manufacturing

Technology

Telecommunications

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Secretarial

Trust Services

Transaction Management

Credit

Securities Administration

Relevant Roles

Chief Financial Officer

Legal Counsel

Corporate Lawyer

Finance Director

Treasury Manager

Compliance Officer

Trust Manager

Security Trustee Officer

Transaction Manager

Risk Manager

Company Secretary

Portfolio Manager

Debt Capital Markets Director

Syndications Manager

Industries








Teams

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