A Cash Collateral Agreement is a crucial financial security document used in Malaysia when one party needs to provide cash as collateral to secure obligations owed to another party. This type of agreement is commonly used in lending transactions, trading relationships, and financial services arrangements where security in the form of cash is required. The document must comply with Malaysian financial regulations, including the Financial Services Act 2013 and, where applicable, Islamic financial principles. It typically includes detailed provisions on the amount of collateral, maintenance requirements, interest or profit-sharing arrangements, enforcement mechanisms, and procedures for returning the collateral. The agreement is particularly important in the Malaysian financial sector where it provides legal certainty and protection for both the collateral provider and the collateral taker.
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1. Parties: Identification of the collateral provider and collateral taker, including full legal names and registration details
2. Background: Context of the agreement, underlying obligations, and purpose of the cash collateral arrangement
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Cash Collateral Amount: Specification of the initial and any subsequent cash collateral amounts
5. Delivery and Maintenance of Cash Collateral: Procedures and timing for delivering and maintaining the cash collateral
6. Security Interest: Creation and perfection of security interest over the cash collateral
7. Use and Control of Cash Collateral: Rights and restrictions regarding the use and control of the cash collateral
8. Interest and Payments: Treatment of interest earned on cash collateral and payment obligations
9. Representations and Warranties: Standard and specific representations and warranties from both parties
10. Events of Default: Definition of events of default and their consequences
11. Enforcement Rights: Rights and remedies upon default or enforcement event
12. Termination: Circumstances and process for termination and return of collateral
13. Notices: Communication procedures and contact details
14. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction provisions
15. General Provisions: Standard boilerplate clauses including amendments, waivers, and severability
1. Tax Provisions: Include when parties are in different jurisdictions or specific tax implications need to be addressed
2. Currency Provisions: Include when cash collateral may be provided in multiple currencies
3. Set-off Rights: Include when parties want to explicitly address set-off rights
4. Regulatory Compliance: Include specific provisions when either party is regulated or when specific regulatory requirements apply
5. Agent Provisions: Include when a party is acting through an agent or custodian
6. Additional Security Documents: Include when cash collateral is part of a broader security package
7. Islamic Finance Provisions: Include when the agreement needs to be Shariah-compliant
1. Schedule 1 - Details of Bank Account: Specified account details for maintaining cash collateral
2. Schedule 2 - Form of Notice of Charge: Standard form for notifying relevant parties of the security interest
3. Schedule 3 - Calculation of Interest: Method and basis for calculating interest on cash collateral
4. Schedule 4 - Authorized Signatories: List of authorized persons who can give instructions regarding the cash collateral
5. Schedule 5 - Form of Demand: Standard form for making demands under the agreement
6. Appendix A - Compliance Requirements: Specific regulatory or compliance requirements applicable to the arrangement
7. Appendix B - Operating Procedures: Detailed procedures for managing the cash collateral arrangement
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