Download Sell Buy Back Agreement - Singapore

Sell Buy Back Agreement for Singapore

Sell Buy Back Agreement Template for Singapore

A Sell Buy Back Agreement under Singapore law is a specialized financial contract where one party sells securities to another party while simultaneously agreeing to repurchase equivalent securities at a future date for a specified price. The agreement is governed by Singapore's Securities and Futures Act and falls under MAS regulation. It combines elements of both a sale and financing transaction, providing a structured framework for short-term financing while maintaining compliance with Singapore's robust financial regulatory environment.

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What is a Sell Buy Back Agreement?

The Sell Buy Back Agreement is a vital instrument in Singapore's financial markets, commonly used for short-term financing and liquidity management. It enables parties to structure secured financing transactions while complying with Singapore's regulatory framework. The document details the terms of the initial sale, repurchase obligations, pricing mechanisms, margin requirements, and risk management provisions. This agreement type is particularly relevant in Singapore's sophisticated financial market, where it serves as a key tool for financial institutions managing their securities portfolios and funding needs.

What sections should be included in a Sell Buy Back Agreement?

1. Parties: Identification and details of the seller and buyer

2. Background: Context and purpose of the sell-buy back arrangement

3. Definitions: Key terms used throughout the agreement

4. Sale and Repurchase Obligations: Core terms of the initial sale and subsequent repurchase

5. Pricing and Payment Terms: Initial sale price, repurchase price, and payment mechanisms

6. Transfer of Title: Provisions regarding ownership transfer

7. Security and Margin Requirements: Collateral arrangements and margin maintenance

8. Events of Default: Circumstances constituting default and consequences

9. Governing Law and Jurisdiction: Application of Singapore law and dispute resolution

What sections are optional to include in a Sell Buy Back Agreement?

1. Income Payments: Treatment of dividends or other income during the transaction period - used when securities generate income during the agreement period

2. Substitution: Right to substitute securities - used when parties want flexibility to change the underlying securities

3. Tax Provisions: Specific tax treatments and obligations - used when tax implications need specific attention

4. Agency Provisions: Terms for acting as agent - used when either party acts as agent rather than principal

What schedules should be included in a Sell Buy Back Agreement?

1. Schedule 1 - Securities Description: Detailed description of the securities subject to the agreement

2. Schedule 2 - Pricing Terms: Detailed pricing calculations and methodologies

3. Schedule 3 - Form of Notices: Standard forms for various notices under the agreement

4. Schedule 4 - Margin Calculations: Methodology for calculating and maintaining margins

5. Appendix A - Standard Settlement Instructions: Payment and settlement details for both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Cost

Free to use

Relevant legal definitions

Clauses

Relevant Industries

Banking
Asset Management
Securities Trading
Insurance
Pension Funds

Relevant Teams

Treasury
Trading
Risk Management
Legal
Operations
Compliance

Relevant Roles

Treasury Manager
Trading Director
Risk Manager
Portfolio Manager
Compliance Officer
Legal Counsel

Industries

Securities and Futures Act (SFA): Primary legislation governing securities financing transactions in Singapore, including regulatory framework for securities trading and financial market operations

Companies Act: Core legislation governing corporate entities in Singapore, relevant for understanding legal capacity and corporate authority in sell buy back transactions

Contract Law of Singapore: Fundamental law governing formation and enforcement of contracts in Singapore, essential for structuring valid sell buy back agreements

Civil Law Act: Basic legislation governing civil obligations and remedies in Singapore legal system

MAS Guidelines on Securities Borrowing and Lending: Regulatory guidelines issued by Monetary Authority of Singapore specifically addressing securities financing transactions

MAS Risk-Based Capital Adequacy Requirements: Guidelines specifying capital requirements and risk management standards for financial institutions engaging in securities financing

MAS Guidelines on Financial Markets Infrastructure: Regulatory framework for market infrastructure and systems involved in securities transactions

Securities and Futures (Financial and Margin Requirements) Regulations: Specific regulations governing financial and margin requirements for securities transactions

Securities and Futures (Licensing and Conduct of Business) Regulations: Regulations specifying licensing requirements and conduct standards for entities engaging in securities transactions

Banking Act and Regulations: Legislation governing banking institutions involved in sell buy back transactions

Global Master Repurchase Agreement (GMRA) Standards: International standards for repurchase agreements that influence local market practices

International Securities Lending Association Guidelines: International best practices and standards for securities lending transactions

Financial Stability Board Recommendations: International recommendations on securities financing transactions and market stability

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Unregistered Agreement To Sell With Possession

A Singapore-compliant agreement for property sale with immediate possession rights, pending final transfer.

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Generate a Bespoke Document

Download a Standard Template

What is a Sell Buy Back Agreement?

What sections should be included in a Sell Buy Back Agreement?

What sections are optional to include in a Sell Buy Back Agreement?

What schedules should be included in a Sell Buy Back Agreement?

Authors

Alex Denne

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Document Type

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