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Collateral Access Agreement Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes and regulates the terms and conditions under which a secured party can access collateral held by or on behalf of a collateral provider. The agreement details security protocols, access procedures, rights and obligations of all parties, and includes specific provisions compliant with Malaysian financial regulations and security laws. It typically incorporates custodial arrangements and specific operational procedures for managing and accessing the collateral, while ensuring proper risk allocation and compliance with local legal requirements.

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What is a Collateral Access Agreement?

The Collateral Access Agreement is a crucial document in secured financing arrangements under Malaysian law, typically used when valuable assets are pledged as collateral and require controlled access arrangements. This agreement becomes necessary when there's a need to establish clear protocols for accessing and managing collateral, particularly in situations involving third-party custodians or multiple storage locations. The document addresses key aspects such as security measures, authorized personnel, access procedures, and risk allocation, while ensuring compliance with Malaysian financial regulations and security laws. It's commonly used in conjunction with facility agreements, security documents, and other financing arrangements, providing a comprehensive framework for collateral management and access rights.

What sections should be included in a Collateral Access Agreement?

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

2. Background: Context of the agreement, reference to primary facility agreements, and purpose of the collateral arrangement

3. Definitions and Interpretation: Definitions of key terms and interpretation rules used throughout the agreement

4. Grant of Access Rights: Scope and nature of access rights granted to the secured party

5. Custodian Appointments and Authority: Appointment of custodian and scope of their authority regarding the collateral

6. Security and Access Procedures: Detailed procedures for accessing and handling the collateral

7. Representations and Warranties: Key representations and warranties from all parties

8. Confidentiality Obligations: Confidentiality requirements for all parties regarding the collateral and agreement

9. Liability and Indemnification: Allocation of risks and responsibilities between parties

10. Events of Default: Circumstances constituting default and consequences

11. Termination: Conditions and procedures for termination of the agreement

12. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes

13. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

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

1. Insurance Requirements: Required when the collateral needs specific insurance coverage

2. Digital Access Provisions: Required when collateral includes digital assets or electronic access is needed

3. Multiple Location Access: Required when collateral is stored in multiple locations

4. Third Party Rights: Required when there are potential third party interests in the collateral

5. Force Majeure: Optional clause for circumstances preventing access to collateral

6. Step-In Rights: Required when secured party needs direct control rights in certain circumstances

7. Regulatory Compliance: Required for regulated entities or specific types of collateral

What schedules should be included in a Collateral Access Agreement?

1. Schedule 1 - Description of Collateral: Detailed description and categorization of all collateral covered

2. Schedule 2 - Authorized Personnel: List of personnel authorized to access the collateral

3. Schedule 3 - Access Procedures: Detailed operational procedures for accessing collateral

4. Schedule 4 - Security Protocols: Specific security measures and protocols

5. Schedule 5 - Notice Requirements: Forms and procedures for various notices under the agreement

6. Schedule 6 - Fee Schedule: Details of any fees payable to the custodian

7. Appendix A - Form of Access Request: Standard form for requesting access to collateral

8. Appendix B - Incident Report Template: Template for reporting security or access incidents

Authors

Alex Denne

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

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Security Agreement

Cost

Free to use

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