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Clearing Agreement
"I need a Clearing Agreement under Austrian law for a mid-sized investment bank acting as a clearing member for derivatives trading, with particular focus on indirect clearing arrangements and enhanced risk management procedures to be implemented by March 2025."
1. Parties: Identification of the contracting parties including their legal names, registration details, and addresses
2. Background: Context of the agreement, including the clearing relationship structure and relevant regulatory framework
3. Definitions and Interpretation: Comprehensive list of defined terms and interpretation rules used throughout the agreement
4. Scope of Services: Detailed description of clearing services to be provided and products covered
5. Membership Requirements: Ongoing requirements and obligations for maintaining the clearing relationship
6. Client Money and Assets: Provisions regarding handling and segregation of client funds and assets
7. Margin Requirements: Terms for initial and variation margin, calculation methods, and eligible collateral
8. Default Procedures: Process and consequences of default events, close-out procedures, and netting arrangements
9. Risk Management: Risk monitoring, position limits, and risk mitigation procedures
10. Fees and Payments: Fee structure, payment terms, and invoicing procedures
11. Representations and Warranties: Standard and specific representations made by each party
12. Covenants: Ongoing obligations and commitments of the parties
13. Term and Termination: Duration of agreement, termination rights, and consequences of termination
14. Confidentiality: Protection and handling of confidential information
15. Governing Law and Jurisdiction: Choice of Austrian law and jurisdiction provisions
16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Additional Services: Used when additional services beyond standard clearing are provided, such as reporting or analysis tools
2. Cross-Border Provisions: Include when clearing involves multiple jurisdictions or cross-border elements
3. Indirect Clearing: Required when the agreement covers indirect clearing arrangements
4. Securities Lending: Include if securities lending services are part of the relationship
5. Tax Provisions: Detailed tax clauses when specific tax implications need to be addressed
6. Force Majeure: Specific force majeure provisions beyond standard terms, particularly relevant for critical market infrastructure
7. Data Protection: Detailed GDPR compliance provisions when personal data processing is involved
8. Settlement Bank Arrangements: Include when specific settlement bank relationships need to be documented
1. Schedule 1 - Cleared Products: Detailed list of products and instruments covered by the clearing arrangement
2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, charges, and commission structures
3. Schedule 3 - Operational Procedures: Day-to-day operational procedures, cut-off times, and communication protocols
4. Schedule 4 - Eligible Collateral: List of acceptable collateral types, haircuts, and valuation procedures
5. Schedule 5 - Account Structure: Details of clearing accounts, segregation models, and account operations
6. Schedule 6 - Contact Details: List of key contacts and escalation procedures
7. Appendix A - Technical Requirements: Technical specifications for connectivity and systems requirements
8. Appendix B - Risk Management Procedures: Detailed risk management procedures and limits
9. Appendix C - Default Management Procedures: Step-by-step procedures for handling defaults
10. Appendix D - Reporting Requirements: Templates and procedures for required reporting
Authors
Applicable Law
Austrian Banking Act
Authorized Person
Business Day
Cash Collateral
Central Counterparty
Cleared Transaction
Clearing House Rules
Clearing Member
Clearing Services
Close-out Amount
Collateral
Compliance Rules
Default Event
Default Notice
Default Procedures
Eligible Collateral
EMIR
Encumbrance
Event of Default
Excess Margin
Fee Schedule
Financial Instruments
Force Majeure Event
Governing Law
Haircut
Indirect Clearing
Initial Margin
Insolvency Event
Margin
Margin Call
Margin Requirement
Market Rules
Member Default
MiFID II
MiFIR
Minimum Transfer Amount
Net Open Position
Notice of Exercise
Operating Procedures
Operational Requirements
Position Account
Position Limit
Regulatory Authority
Required Margin
Risk Committee
Risk Management Procedures
Securities
Segregated Account
Settlement Account
Settlement Bank
Settlement Date
Settlement System
Trading Day
Trading Venue
Transaction
Transfer
Variation Margin
Scope of Services
Regulatory Compliance
Account Structure
Margin Requirements
Collateral Arrangements
Default Procedures
Close-out Netting
Risk Management
Settlement
Payment Obligations
Fees and Charges
Representations and Warranties
Covenants
Client Money
Client Assets
Segregation
Reporting Requirements
Information Rights
Record Keeping
Operational Requirements
Technical Requirements
Service Levels
Systems Access
Business Continuity
Force Majeure
Indemnification
Limitation of Liability
Confidentiality
Data Protection
Intellectual Property
Term and Duration
Termination Rights
Consequences of Termination
Assignment and Transfer
Amendments
Notices
Dispute Resolution
Governing Law
Jurisdiction
Entire Agreement
Severability
Third Party Rights
Anti-Money Laundering
Tax Compliance
Sanctions Compliance
Banking
Financial Services
Investment Management
Securities Trading
Commodities Trading
Insurance
Asset Management
Financial Market Infrastructure
FinTech
Investment Banking
Legal
Compliance
Risk Management
Operations
Trading
Treasury
Post-Trade Services
Client Services
Financial Control
Product Management
Relationship Management
Technical Operations
Regulatory Reporting
Head of Clearing
Chief Risk Officer
Legal Counsel
Compliance Officer
Operations Director
Head of Trading
Chief Operating Officer
Risk Manager
Treasury Manager
Collateral Manager
Settlement Manager
Head of Post-Trade Operations
Legal Director
Chief Compliance Officer
Head of Financial Markets
Senior Relationship Manager
Head of Client Services
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