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Cash Collateral Agreement

Cash Collateral Agreement Template for Belgium

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Key Requirements PROMPT example:

Cash Collateral Agreement

"Need to draft a Cash Collateral Agreement under Belgian law for our bank (as collateral taker) and a corporate client (as collateral provider), with multi-currency provisions and specific requirements for daily valuation and margin calls."

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Document background
The Cash Collateral Agreement is a critical financial security document used when parties need to establish arrangements for cash-based collateral under Belgian law. It is commonly used in financial transactions where one party requires cash security for obligations owed by another party. The agreement must comply with the Belgian Financial Collateral Law of 15 December 2004, which implements EU Directive 2002/47/EC, and includes provisions for the creation, perfection, and enforcement of security interests over cash collateral. This document type is particularly important in banking, trading, and financial services contexts, where it provides legal certainty for collateral arrangements and protection against counterparty default. The agreement covers essential aspects such as collateral transfer mechanics, maintenance requirements, enforcement rights, and includes specific provisions required under Belgian law for financial collateral arrangements.
Suggested Sections

1. Parties: Identification of the collateral provider and collateral taker

2. Background: Context of the agreement and underlying obligations being secured

3. Definitions and Interpretation: Definitions of terms used and interpretation rules

4. Scope and Purpose: Description of secured obligations and purpose of the collateral arrangement

5. Creation and Perfection of Security: Provisions regarding the creation and perfection of security interest over cash collateral

6. Transfer of Collateral: Mechanics and timing for transferring cash collateral

7. Collateral Maintenance: Requirements for maintaining collateral levels, including top-up and return provisions

8. Rights and Obligations: Detailed rights and obligations of both parties regarding the collateral

9. Interest and Payments: Provisions regarding interest earned on cash collateral and payment mechanics

10. Events of Default: Definition of events of default and their consequences

11. Enforcement: Rights and procedures for enforcing security over the collateral

12. Representations and Warranties: Standard and specific representations and warranties from both parties

13. Termination: Circumstances and process for termination of the agreement

14. Governing Law and Jurisdiction: Confirmation of Belgian law governance and jurisdiction

Optional Sections

1. Tax Provisions: Include when parties are in different jurisdictions or specific tax implications need to be addressed

2. Currency Provisions: Include when collateral may be provided in multiple currencies

3. Substitution Rights: Include when parties want to allow substitution of different types of collateral

4. Income and Voting Rights: Include when relevant for securities collateral in addition to cash

5. Control Agreement Provisions: Include when a third-party account bank is involved

6. Regulatory Compliance: Include when either party is subject to specific regulatory requirements

7. FATCA Provisions: Include when US persons or payments are involved

Suggested Schedules

1. Schedule 1 - Collateral Account Details: Details of the account(s) where cash collateral will be held

2. Schedule 2 - Notice Forms: Standard forms for collateral calls, returns, and other notices

3. Schedule 3 - Calculation of Required Collateral: Methodology for calculating required collateral amounts

4. Schedule 4 - Contact Details: Contact information for notices and operational matters

5. Schedule 5 - Banking Days: Definition of banking days for relevant jurisdictions

6. Appendix 1 - Form of Transfer Notice: Standard form for requesting transfer of collateral

7. Appendix 2 - Form of Enforcement Notice: Standard form for enforcement notification

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions




















































Clauses



































Relevant Industries

Banking

Financial Services

Insurance

Investment Management

Trading and Commodities

Energy

Infrastructure

Real Estate

Private Equity

Asset Management

Relevant Teams

Legal

Treasury

Risk Management

Compliance

Finance

Operations

Credit Risk

Trading

Collateral Management

Securities Operations

Relevant Roles

Chief Financial Officer

Treasury Manager

Collateral Manager

Risk Manager

Legal Counsel

Compliance Officer

Financial Controller

Credit Risk Officer

Trading Manager

Operations Manager

Account Manager

Security Operations Officer

Finance Director

General Counsel

Treasury Operations Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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