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In the case of financial transactions such as securitization, it is essential that the security agent be both an experienced professional and an independent party who has the right to have access to appropriate and relevant information about the assets, in order to enable the agent to monitor the issuers` compliance with the rating authority of the obligations defined in the trust company. The agent`s task is to reduce complications and provide added value and comfort to participants. Security Trustee is the organization that acts in the place of lenders because it holds the guarantee and imposes it for and on behalf of lenders for the benefit of lenders. The security agent can assist in a number of different scenarios, whether it is a simple bond transaction or capital raising structures. If the transaction proceeds according to the plan, the debtor withdraws his debt, the trust fund is dissolved and the title to the property is returned to the debtor. In the event of a default, the Maltese civil code provides that the protection agent has the legal right to liquidate the assets held and to pay the proceeds to creditors. The agent is required to act reasonably and fairly in the application of security rights, and must continue to impose a fiduciary duty on the beneficiaries of the security agent. Under Dutch (Dutch) law, the Dutch civil code designates the guarantee as an agreement by which a third party undertakes a contractual creditor to comply with a debtor`s contractual obligations. Such a guarantee agreement is concluded between the surety company and the creditor. The debtor of the guaranteed commitment is not required to participate in such an agreement. It is even possible that such a guarantee agreement will be concluded without the debtor`s knowledge or agreement. Article 7:850 of the Dutch Civil Code is established: 1.
A guarantee agreement is an agreement under which one of the parties (hereafter referred to as the guarantee) has committed to the other party (the “creditor”) to fulfil an obligation that a third party (the principal debtor) has owed or returned to the creditor. 2. For the validity of a guarantee agreement, it is not necessary for the principal debtor to know the existence of the guarantee in question. 3. The legal provisions relating to joint and several bonds apply to a bonding contract, as long as the provisions of this security do not deviate from it.