Treasury Repurchase Agreement for United Arab Emirates

Treasury Repurchase Agreement Template for United Arab Emirates

A standardized agreement governed by UAE law that facilitates short-term financing transactions where one party sells securities to another party with a simultaneous agreement to repurchase them at a later date at a predetermined price. This document complies with UAE Central Bank regulations and federal laws governing financial transactions, incorporating specific provisions for margin maintenance, default scenarios, and risk management. The agreement addresses both conventional and potential Islamic finance considerations, making it suitable for use in the UAE financial markets while ensuring compliance with local regulatory requirements and market practices.

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What is a Treasury Repurchase Agreement?

The Treasury Repurchase Agreement serves as a fundamental instrument in UAE financial markets, enabling parties to enter into secured financing arrangements through the sale and repurchase of securities. This document is typically used when financial institutions need to manage short-term liquidity, finance securities positions, or access short-term funding. The agreement incorporates specific requirements under UAE federal laws and Central Bank regulations, including provisions for transfer of securities, margin maintenance, default scenarios, and regulatory compliance. It can be structured to accommodate both conventional and Islamic finance principles, making it versatile for various financial institutions operating in the UAE. The document includes detailed mechanisms for pricing, risk management, and dispute resolution, while ensuring compliance with UAE securities regulations and banking laws.

What sections should be included in a Treasury Repurchase Agreement?

1. Parties: Identification of the parties entering into the agreement, including their legal status and registration details

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Comprehensive definitions of terms used throughout the agreement, including financial and technical terms specific to repo transactions

4. Purchase and Sale: Core provisions governing the initial sale and agreement to repurchase securities

5. Pricing and Payment Terms: Details of purchase price, repurchase price, pricing calculations, and payment mechanisms

6. Transfer of Securities: Procedures and requirements for transferring securities between parties

7. Margin Maintenance: Requirements for maintaining margin, including margin calls and transfers

8. Income Payments: Treatment of income received on the securities during the repo period

9. Representations and Warranties: Standard and transaction-specific representations and warranties from both parties

10. Events of Default: Definition of events of default and consequences

11. Remedies: Rights and remedies available to parties upon default or breach

12. Tax Provisions: Treatment of taxes and responsibilities of parties regarding tax obligations

13. Term and Termination: Duration of agreement and termination rights

14. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for disputes

15. Notices: Process and requirements for formal communications between parties

16. General Provisions: Standard boilerplate provisions including amendments, assignments, and severability

What sections are optional to include in a Treasury Repurchase Agreement?

1. Islamic Finance Compliance: Required when the agreement needs to be Sharia-compliant, including specific structures and terminology

2. Agency Provisions: Required when one party acts as agent for third parties in repo transactions

3. Buy/Sell Back Annex: Optional provisions for buy/sell back transactions as alternative to classic repo

4. Securities Lending: Optional provisions for securities lending arrangements

5. Electronic Trading: Required when parties will execute transactions through electronic platforms

6. Central Counterparty Provisions: Required when transactions will be cleared through a central counterparty

7. Foreign Exchange Provisions: Required when repo transactions involve multiple currencies

What schedules should be included in a Treasury Repurchase Agreement?

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 Percentages: Details of initial margin and maintenance margin requirements

4. Schedule 4 - Contact Details: Contact information for notices, margin calls, and other communications

5. Schedule 5 - Systems and Operations: Operational procedures and requirements for executing transactions

6. Appendix A - Standard Terms and Conditions: Detailed terms and conditions applicable to all transactions

7. Appendix B - Forms of Power of Attorney: Standard forms for powers of attorney if required

8. Appendix C - Tax Documentation: Required tax forms and declarations

Authors

Alex Denne

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

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking

Financial Services

Government & Public Sector

Investment Management

Securities Trading

Treasury Services

Insurance

Asset Management

Capital Markets

Financial Technology

Relevant Teams

Treasury

Legal

Compliance

Risk Management

Trading

Operations

Finance

Investment

Securities Operations

Regulatory Reporting

Relevant Roles

Treasury Manager

Chief Financial Officer

Financial Controller

Risk Manager

Compliance Officer

Legal Counsel

Treasury Operations Manager

Securities Trading Manager

Investment Manager

Repo Desk Manager

Senior Trader

Banking Operations Manager

Financial Markets Director

Head of Fixed Income

Chief Investment Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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