A Cash Collateral Agreement is essential in financial transactions where cash is provided as security for obligations between parties. This document is typically used in Denmark for trading relationships, lending arrangements, or derivative transactions where one party needs to secure its obligations to another. The agreement must comply with Danish financial regulations, particularly the Danish Financial Business Act and the implementation of the EU Financial Collateral Directive (2002/47/EC). It includes provisions for posting and maintaining collateral, interest calculations, rights of use, and enforcement procedures. The document becomes particularly relevant in the context of financial institutions' risk management practices and regulatory requirements for secured transactions in Denmark. It provides legal certainty regarding the perfection and enforcement of security interests in cash collateral under Danish law.
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Key Requirements PROMPT example:
Cash Collateral Agreement
I need a Cash Collateral Agreement governed by Danish law for a trading relationship between our investment fund and a major Danish bank, with specific provisions for daily margin calls and rehypothecation rights.
1. Parties: Identification of the collateral provider and collateral taker, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, reference to any master agreement or other related agreements, and purpose of the collateral arrangement
3. Definitions: Definitions of key terms used throughout the agreement, including 'Posted Collateral', 'Collateral Value', 'Default Event', etc.
4. Provision of Collateral: Core obligations regarding the posting of cash collateral, including transfer mechanisms and timing
5. Maintenance of Collateral: Requirements for maintaining collateral levels, including top-up and return provisions
6. Interest on Cash Collateral: Terms for calculation and payment of interest on posted cash collateral
7. Use and Rehypothecation Rights: Rights of the collateral taker to use or reinvest the cash collateral
8. Events of Default: Definition of events triggering default and consequences
9. Rights and Remedies: Actions available to parties upon default or breach
10. Representations and Warranties: Standard declarations by both parties regarding capacity, authority, and compliance
11. Tax: Treatment of tax implications and responsibilities
12. Notices: Communication procedures and contact details
13. Governing Law and Jurisdiction: Confirmation of Danish law governance and jurisdiction for disputes
1. Currency Conversion: Required when collateral may be provided in multiple currencies, specifying conversion rates and procedures
2. Eligible Collateral: Include when there might be flexibility to post different types of cash collateral or switch between cash and securities
3. Third Party Rights: Include when third parties might have interests in or rights over the collateral
4. Custody Arrangements: Required when a third-party custodian is involved in holding the cash collateral
5. Securities Financing Transactions Regulation: Include when the agreement falls under EU SFTR reporting requirements
1. Contact Details: List of authorized representatives and contact information for both parties
2. Collateral Calculation: Methodology for calculating collateral requirements and valuation procedures
3. Interest Rate Specifications: Detailed provisions for interest calculation, including relevant benchmarks and spreads
4. Form of Notices: Standard forms for margin calls, collateral transfers, and other routine notifications
5. Account Details: Specified bank accounts for collateral transfers and interest payments
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Investment Management
Insurance
Asset Management
Corporate Treasury
Securities Trading
Hedge Funds
Private Equity
Pension Funds
Relevant Teams
Legal
Treasury
Risk Management
Compliance
Trading Operations
Financial Control
Credit Risk
Investment Operations
Regulatory Affairs
Securities Operations
Relevant Roles
Treasury Manager
Legal Counsel
Collateral Manager
Risk Manager
Compliance Officer
Trading Operations Manager
Financial Controller
Credit Risk Officer
Investment Manager
Securities Operations Manager
Legal Director
Chief Financial Officer
Head of Trading
Regulatory Compliance Manager
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