The tax administration has appealed the Supreme Court of Justice`s decision to the Supreme Court of India. The Supreme Court found that the security agent`s agreement indicated that Costal had separate loan agreements with the 13 financial institutions and that the mortgage instrument had only been put in place after the separate loan contracts had been executed. On the basis of this finding, the Tribunal inferred that if Costal had entered into a separate mortgage deed with each of the 13 financial institutions to secure the loans they had granted, there would have been a separate document for each transaction. Accordingly, the Tribunal found that the scope of the mortgage could be safely considered as 13 different transactions under Section 5 of the Gujarat Stamp Act. In its simplest form, a securities trustee is the person or entity that holds the various shares of securities created in trust for secured creditors, such as banks or bondholders in a financial transaction, which may be a securitization transaction or a direct investment. The security agent defends the rights of investors and applies the guarantee in the event of a default. The agent can expedite the notes and proceed with the execution on behalf of the beneficiaries. Similarly, the type of trust structure means that acceleration is prevented by a simple note holder, which protects the entire transaction and prevents a simple notebook of the structure. 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. As a general rule, a security document executed in favour of the security agent creates security only for the benefit of the security agent acting on behalf of other lenders. It is therefore a single transaction involving more than one beneficiary, but no separate transactions with all beneficiaries. In the case of a trust offering, the agent may grant and hold guarantees on his behalf (indicating that he is acting in his capacity as security agent) regardless of the number of creditors (or lenders) and regardless of any transfers or transfers made by the bondholders of their interest in the facility. 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 flexibility of the provisions that can be incorporated into the trust deeds allows, among other things, to modify the trustee of the trust without impairing the validity of the trust or its continuity, and the agent is entitled to claim the guarantee even if other creditors directly sue the debtor. It is important that security agents are not held liable for the obligations of other creditors unless a concrete agreement is reached between the parties. Mandaris offers the opportunity to enjoy the benefits of using a security agent in commercial structures through its professional trust company Mandaris Trustees (Malta) Ltd, a licensed trust company recognized by the Trusts and Trustees Act.