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Master Repurchase Agreement
"I need a Master Repurchase Agreement under Austrian law for use between our investment bank and various pension funds, with specific provisions for negative interest rates and electronic trading platform integration, to be implemented by March 2025."
1. Parties: Identification of the contracting parties and their legal status
2. Background: Context of the agreement and general purpose of entering into repo transactions
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and interpretation rules
4. Purchase and Repurchase: Core provisions governing the sale and repurchase of securities, including pricing mechanisms
5. Initiation and Confirmation: Procedures for initiating transactions and confirming their terms
6. Margin Maintenance: Requirements and procedures for maintaining margin, including margin transfers and calculations
7. Income Payments: Treatment of income on purchased securities during the transaction period
8. Payment and Transfer: Mechanics of payments and securities transfers, including timing and delivery methods
9. Events of Default: Definition of default events and consequences
10. Close-out and Set-off: Procedures for early termination and netting of obligations
11. Tax Provisions: Treatment of taxes and tax-related obligations
12. Representations and Warranties: Standard legal representations and warranties of the parties
13. Notices and Other Communications: Methods and requirements for formal communications between parties
14. Governing Law and Jurisdiction: Choice of Austrian law and jurisdiction provisions
15. General Provisions: Miscellaneous legal provisions including amendments, waivers, and severability
1. Agency Provisions: Required when one or both parties act as agents for underlying principals
2. Buy/Sell Back Transactions: Included when parties wish to enter into buy/sell back transactions as an alternative to classic repos
3. Foreign Exchange Provisions: Required for cross-border transactions involving currency exchange
4. Interest Provisions: Detailed provisions for negative interest rates, if applicable
5. Electronic Trading Provisions: Required when transactions will be executed through electronic trading platforms
6. Central Bank Provisions: Special provisions when one party is a central bank or dealing with central bank eligible securities
7. Force Majeure: Extended provisions for market disruption and force majeure events
8. SFTR Reporting: Specific provisions for compliance with Securities Financing Transactions Regulation reporting requirements
1. Schedule 1 - Form of Confirmation: Standard template for transaction confirmations
2. Schedule 2 - Eligible Securities: List and characteristics of securities eligible for repo transactions
3. Schedule 3 - Margin Ratios: Detailed margin ratios and haircuts for different security types
4. Schedule 4 - Addresses for Notices: Contact details and addresses for formal notices
5. Schedule 5 - Market Practice: Specific Austrian market practices and requirements
6. Schedule 6 - Systems and Operations: Operational procedures and systems requirements
7. Appendix A - Standard Terms and Conditions: Detailed terms and conditions for repo transactions
8. Appendix B - Tax Documentation: Required tax forms and documentation
9. Appendix C - Form of Power of Attorney: Standard form for appointing attorneys for transaction execution
Authors
Banking
Financial Services
Insurance
Investment Management
Securities Trading
Asset Management
Public Sector Finance
Treasury Services
Capital Markets
Financial Market Infrastructure
Legal
Treasury
Risk Management
Compliance
Trading
Operations
Finance
Documentation
Collateral Management
Securities Operations
Regulatory Reporting
Credit Risk
Front Office
Middle Office
Back Office
Legal Counsel
Treasury Manager
Risk Manager
Compliance Officer
Trading Manager
Operations Manager
Financial Controller
Documentation Specialist
Collateral Manager
Securities Operations Officer
Chief Financial Officer
Head of Trading
Legal Director
Senior Trader
Regulatory Reporting Officer
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