The Sell and Buy Back Agreement is a crucial financing instrument in Pakistan's legal framework, combining elements of conventional finance and Islamic banking principles. This document is typically used when businesses or financial institutions need to arrange short to medium-term financing using their assets while maintaining the right to repurchase them. It serves as an alternative to traditional lending arrangements and can be structured to comply with Shariah principles. The agreement is particularly valuable in Pakistan's dual banking system, where both conventional and Islamic financial institutions operate. Common applications include inventory financing, asset monetization, and liquidity management. The document must comply with various Pakistani legislation including the Contract Act 1872, Registration Act 1908, and relevant banking regulations, while potentially incorporating Islamic banking principles depending on the parties' requirements.
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1. Parties: Identification of the seller/repurchaser and buyer/reseller, including their legal status and contact details
2. Background: Context of the transaction, relationship between parties, and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement, including financial, technical, and legal terminology
4. Sale and Purchase: Terms of the initial sale, including asset description, purchase price, and transfer mechanics
5. Buyback Obligations: Terms of the buyback transaction, including repurchase price, timing, and execution procedures
6. Payment Terms: Details of payment methods, timing, and currency for both sale and buyback transactions
7. Transfer of Title and Risk: Provisions regarding ownership transfer, risk allocation, and custody arrangements during the agreement period
8. Representations and Warranties: Statements of fact and assurances from both parties regarding their capacity, authority, and the asset's condition
9. Covenants: Ongoing obligations of both parties during the agreement period
10. Events of Default: Circumstances constituting default and consequences thereof
11. Termination: Conditions and procedures for early termination or completion of the agreement
12. Governing Law and Jurisdiction: Specification of Pakistani law as governing law and jurisdiction for dispute resolution
1. Shariah Compliance: Section specifying compliance with Islamic banking principles - include when either party requires Islamic finance structuring
2. Security Arrangements: Additional security or collateral arrangements - include when required by the buyer/reseller
3. Tax Provisions: Specific tax treatment and obligations - include when transaction has significant tax implications
4. Regulatory Compliance: Specific regulatory requirements - include when parties are regulated entities
5. Insurance: Insurance requirements for the asset - include for high-value physical assets
6. Force Majeure: Provisions for unforeseen circumstances - include for longer-term agreements
7. Assignment and Transfer: Rights to assign or transfer obligations - include when parties may need flexibility to transfer rights
8. Custodian Provisions: Terms relating to third-party custodian - include when using custodian services
1. Asset Schedule: Detailed description and specification of assets subject to the sell and buy back arrangement
2. Pricing Schedule: Detailed breakdown of purchase price, buyback price, and any applicable fees or charges
3. Transfer Procedures: Step-by-step procedures for executing transfers of assets and payments
4. Form of Transfer Notices: Template notices for initiating transfers and confirming transactions
5. Required Documents: List of documents required for completion of sale and buyback transactions
6. Contact Details: Contact information for key personnel and authorized representatives of each party
7. Shariah Standards: Relevant Shariah principles and compliance requirements if applicable
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Islamic Banking
Real Estate
Manufacturing
Trading & Commerce
Commodities
Asset Management
Investment Services
Corporate Finance
Agriculture
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Operations
Investment
Asset Management
Corporate Finance
Shariah Advisory
Commercial
Business Development
Relevant Roles
Chief Financial Officer
Treasury Manager
Finance Director
Legal Counsel
Compliance Officer
Risk Manager
Asset Manager
Investment Manager
Corporate Finance Manager
Shariah Compliance Officer
Commercial Director
Business Development Manager
Financial Controller
Operations Manager
Transaction Manager
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