The Treasury Repurchase Agreement is a crucial instrument in Malaysia's financial markets, used for liquidity management and short-term financing. This document is specifically designed to comply with Malaysian financial regulations, including Bank Negara Malaysia's guidelines and the Capital Markets and Services Act 2007. It is used when parties wish to enter into repo transactions involving government securities, corporate bonds, or other eligible securities. The agreement covers essential elements such as purchase and resale terms, margin maintenance, events of default, and close-out procedures, while accommodating both conventional and Islamic finance structures where necessary. It includes specific provisions required by Malaysian regulators and considers local market practices and settlement procedures.
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1. Parties: Identification of the parties entering into the agreement, including registration details and addresses
2. Background: Context of the agreement and relationship between the parties
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Purchase and Sale: Core provisions regarding the sale and repurchase of securities, including pricing mechanisms
5. Transfer of Title and Risk: Provisions regarding ownership transfer and risk allocation
6. Margin Maintenance: Requirements for maintaining margin, including margin calls and threshold amounts
7. Income Payments: Treatment of income on the securities during the repo period
8. Payment and Transfer: Mechanics of payments and securities transfers
9. Events of Default: Definition of default events and consequences
10. Set-off and Netting: Rights of set-off and close-out netting provisions
11. Representations and Warranties: Standard and transaction-specific representations by both parties
12. Tax Provisions: Treatment of taxes and stamp duty
13. Notices: Communication procedures between parties
14. Governing Law and Jurisdiction: Choice of Malaysian law and jurisdiction provisions
1. Islamic Finance Provisions: Required when the repo transaction needs to be Shariah-compliant
2. Agency Provisions: Required when either party acts as agent for undisclosed principals
3. Currency Provisions: Required for cross-border transactions involving multiple currencies
4. Electronic Trading Provisions: Required when transactions will be executed through electronic platforms
5. Buy/Sell Back Annex: Required when transactions may be structured as buy/sell back trades
6. Special Custody Arrangements: Required when using third-party custodians or special custody arrangements
1. Schedule 1 - Form of Confirmation: Standard form for confirming individual repo transactions
2. Schedule 2 - Eligible Securities: List and characteristics of securities eligible for repo transactions
3. Schedule 3 - Margin Ratio and Thresholds: Detailed margin calculations and threshold amounts
4. Schedule 4 - Contact Details: Contact information for notices and margin calls
5. Schedule 5 - Terms and Conditions for Agency Transactions: Specific terms applicable to agency transactions
6. Appendix A - Standard Settlement Instructions: Payment and securities settlement instructions
7. Appendix B - Forms of Power of Attorney: Standard forms for powers of attorney if required
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