The Collateral Management Agreement is essential for financial institutions and corporations operating in Denmark who need to establish secure arrangements for managing collateral assets. This document is particularly relevant in the context of lending, trading, and security arrangements where one party requires collateral from another to secure obligations. The agreement must comply with Danish legal requirements, including the Danish Securities Trading Act and relevant EU regulations such as the Financial Collateral Directive. It typically includes detailed provisions for the appointment of a collateral manager, procedures for valuation and custody of collateral, rights of substitution, and enforcement mechanisms. The agreement is designed to provide legal certainty and operational clarity while meeting regulatory requirements for collateral arrangements in Denmark.
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Key Requirements PROMPT example:
Collateral Management Agreement
I need a Collateral Management Agreement under Danish law for a bilateral arrangement between our bank and a major pension fund, focusing primarily on government bonds and high-grade corporate bonds as eligible collateral, with implementation planned for March 2025.
1. Parties: Identification of the contracting parties, including their roles (e.g., Collateral Provider, Collateral Manager, Security Trustee)
2. Background: Context of the agreement, relationship between parties, and purpose of the collateral arrangement
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and interpretation rules
4. Appointment and Authority: Formal appointment of the collateral manager and scope of authority
5. Collateral Requirements: Types of eligible collateral, posting requirements, and maintenance obligations
6. Valuation and Margins: Methods for valuing collateral, margin calculations, and frequency of valuations
7. Custody and Safekeeping: Requirements for holding and safeguarding collateral assets
8. Substitution and Returns: Procedures for substituting collateral and conditions for return
9. Events of Default: Definition of default events and consequences
10. Enforcement Rights: Rights and procedures for enforcing security interests in collateral
11. Fees and Expenses: Fee structure and payment terms for collateral management services
12. Representations and Warranties: Standard and specific representations by each party
13. Liability and Indemnification: Scope of liability and indemnification obligations
14. Termination: Conditions and procedures for terminating the agreement
15. Confidentiality: Obligations regarding confidential information and data protection
16. Notices: Communication procedures and contact details
17. Governing Law and Jurisdiction: Danish law as governing law and jurisdiction provisions
1. Third-Party Rights: Required when other parties may have rights under the agreement
2. Tax Provisions: Include when tax implications need specific attention, especially for cross-border arrangements
3. Insurance Requirements: Needed when specific insurance coverage is required for certain types of collateral
4. Reporting Requirements: Include when specific reporting obligations exist beyond standard requirements
5. Sub-custody Arrangements: Required when third-party custodians may be involved
6. Force Majeure: Optional but recommended for defining circumstances beyond parties' control
7. ESG Compliance: Include when parties require specific environmental, social, and governance standards
8. Regulatory Compliance: Specific section needed for regulated entities with additional compliance requirements
1. Schedule 1 - Eligible Collateral: Detailed list of acceptable collateral types and their characteristics
2. Schedule 2 - Valuation Procedures: Detailed methodology for collateral valuation and margin calculations
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees and payment terms
4. Schedule 4 - Operating Procedures: Day-to-day operational procedures and requirements
5. Schedule 5 - Notice Details: Comprehensive contact information and communication protocols
6. Schedule 6 - Form of Reports: Templates and formats for required reporting
7. Appendix A - Power of Attorney: Standard form of power of attorney if required
8. Appendix B - Service Level Agreement: Detailed service levels and performance metrics
9. Appendix C - Account Details: Relevant account information for collateral transfers and custody
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Investment Management
Insurance
Pension Funds
Asset Management
Securities Trading
Corporate Treasury
Real Estate
Energy Trading
Commodities Trading
Private Equity
Hedge Funds
Infrastructure
Relevant Teams
Legal
Compliance
Risk Management
Treasury
Operations
Collateral Management
Portfolio Management
Credit
Trading
Finance
Investment
Custody Operations
Documentation
Securities Services
Relevant Roles
Legal Counsel
Compliance Officer
Risk Manager
Treasury Manager
Operations Manager
Collateral Manager
Portfolio Manager
Security Trustee
Account Manager
Chief Financial Officer
Head of Trading
Credit Risk Officer
Investment Manager
Legal Director
Custody Operations Manager
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