A Credit Support Agreement is essential in financial transactions where parties seek to manage counterparty credit risk through collateral or other forms of credit support. This document, governed by Maltese law, is commonly used in conjunction with other financial agreements such as derivatives, lending arrangements, or trading relationships. It specifies the types of eligible credit support, transfer mechanisms, valuation procedures, and enforcement rights. The agreement must comply with Malta's comprehensive financial services regulatory framework, including the Financial Institutions Act and Financial Collateral Arrangements Regulations. It is particularly relevant in scenarios where parties need to establish robust risk mitigation mechanisms while ensuring legal certainty under Maltese jurisdiction.
Credit Support Agreement for Malta
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Key Requirements PROMPT example:
Credit Support Agreement
"I need a Credit Support Agreement under Maltese law for a financial trading relationship between our investment firm and a German counterparty, with specific provisions for daily valuation of securities collateral and cryptocurrency as eligible collateral."
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1. Parties: Identification of the credit support provider and recipient, including registration details and addresses
2. Background: Context of the agreement, reference to primary obligations, and purpose of the credit support arrangement
3. Definitions and Interpretation: Key terms used throughout the agreement, interpretation rules, and reference to any market standard definitions
4. Credit Support Obligations: Core obligations regarding the provision of credit support, including timing and conditions
5. Calculation and Valuation: Methods for calculating required credit support amounts and valuation of collateral
6. Transfer and Delivery: Procedures and timing for transferring credit support, including delivery methods
7. Conditions Precedent: Prerequisites that must be satisfied before obligations become effective
8. Representations and Warranties: Standard and specific declarations made by each party
9. Covenants: Ongoing obligations and restrictions on parties
10. Events of Default: Circumstances constituting default and consequences
11. Early Termination: Provisions for early termination and its consequences
12. Set-off Rights: Rights of parties to set off obligations against each other
13. Notices: Communication procedures and contact details
14. Governing Law and Jurisdiction: Confirmation of Maltese law governance and jurisdiction arrangements
15. Execution: Signature blocks and execution formalities
1. Credit Support Balance Adjustment: Used when parties want to include specific provisions for adjusting credit support amounts based on market movements or other factors
2. Custody Arrangements: Required when third-party custodian is involved in holding collateral
3. Interest and Distributions: Include when parties agree to pay interest on cash collateral or handle distributions on securities
4. Substitute Credit Support: Used when parties want to allow replacement of existing credit support with alternative forms
5. Multiple Currency Provisions: Required when credit support can be provided in different currencies
6. Dispute Resolution: Alternative dispute resolution procedures, if parties prefer alternatives to court proceedings
7. Tax Provisions: Detailed tax provisions when tax implications are significant or complex
8. Regulatory Compliance: Specific provisions addressing regulatory requirements when one or both parties are regulated entities
1. Schedule 1 - Eligible Credit Support: Detailed list and specifications of acceptable forms of credit support
2. Schedule 2 - Valuation Percentages: Haircuts and valuation criteria for different types of credit support
3. Schedule 3 - Transfer Timing and Procedures: Detailed procedures and deadlines for transferring credit support
4. Schedule 4 - Authorized Persons: List of persons authorized to act on behalf of each party
5. Schedule 5 - Address for Notices: Detailed contact information and notification requirements
6. Appendix A - Form of Transfer Notice: Standard form for requesting or confirming transfers of credit support
7. Appendix B - Valuation Methodology: Detailed explanation of how different types of credit support will be valued
8. Appendix C - Required Documents: List of documents required for different types of credit support transfers
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Investment Management
Insurance
Corporate Finance
Trading
Asset Management
Private Equity
Hedge Funds
Commercial Real Estate
Infrastructure
Energy
Relevant Teams
Legal
Finance
Risk Management
Treasury
Compliance
Credit Risk
Corporate Finance
Operations
Trading
Collateral Management
Investment
Financial Control
Relevant Roles
Legal Counsel
Financial Director
Risk Manager
Treasury Manager
Compliance Officer
Credit Risk Officer
Corporate Finance Manager
Senior Legal Officer
Chief Financial Officer
Head of Trading
Collateral Manager
Operations Director
Financial Controller
Investment Manager
General Counsel
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