Overnight Reverse Repurchase Agreement for Australia

Overnight Reverse Repurchase Agreement Template for Australia

This document is an Australian law-governed agreement that establishes the terms and conditions for overnight reverse repurchase transactions between financial institutions. It covers the temporary purchase of securities with a commitment to sell them back the next business day, including detailed provisions for pricing, margin requirements, and default scenarios. The agreement incorporates Australian financial services regulations, securities laws, and banking requirements, ensuring compliance with local regulatory frameworks while providing a robust structure for short-term secured lending transactions.

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What is a Overnight Reverse Repurchase Agreement?

The Overnight Reverse Repurchase Agreement is a critical financial instrument used in the Australian market for short-term secured lending transactions. This document is employed when financial institutions need to manage their liquidity positions, engage in short-term funding arrangements, or participate in monetary policy operations. The agreement details the terms and conditions for the purchase and subsequent resale of securities, typically occurring within a 24-hour period. It incorporates essential elements such as pricing mechanisms, eligible securities criteria, margin requirements, and default procedures, all aligned with Australian regulatory requirements including the Corporations Act 2001 and Banking Act 1959. The document is particularly relevant in the context of Australian financial markets operations and interbank lending activities.

What sections should be included in a Overnight Reverse Repurchase Agreement?

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

2. Background: Context of the agreement and the parties' intentions to enter into reverse repurchase transactions

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope and Purpose: Overview of the reverse repurchase transaction structure and general framework

5. Purchase and Sale: Core transaction terms including pricing, settlement dates, and transfer of securities

6. Securities Eligibility: Criteria for eligible securities and valuation methods

7. Margin Maintenance: Requirements for initial margin, margin calls, and margin threshold amounts

8. Income Payments: Treatment of income on purchased securities during the transaction period

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

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

11. Close-out and Netting: Procedures for early termination and calculation of settlement amounts

12. Security Interest: Creation and enforcement of security interests in the purchased securities

13. Notices: Communication procedures between parties

14. Governing Law and Jurisdiction: Applicable law and jurisdiction for dispute resolution

What sections are optional to include in a Overnight Reverse Repurchase Agreement?

1. Tax Provisions: Include when parties are in different tax jurisdictions or specific tax treatment is required

2. Agency Provisions: Include when one party acts as agent for multiple principals

3. Electronic Trading: Include when transactions will be executed through electronic platforms

4. Buy-in Procedures: Include when specific procedures for buying in securities in case of failure to deliver are needed

5. Foreign Exchange Provisions: Include when transactions involve multiple currencies

6. FATCA Compliance: Include when US tax implications need to be addressed

7. Force Majeure: Include when specific market disruption events need to be addressed

What schedules should be included in a Overnight Reverse Repurchase Agreement?

1. Schedule 1 - Form of Confirmation: Standard form for confirming individual transactions

2. Schedule 2 - Eligible Securities: Detailed list of acceptable securities and their characteristics

3. Schedule 3 - Margin Percentages: Table of haircuts and margin requirements for different security types

4. Schedule 4 - Operating Procedures: Detailed procedures for execution, settlement, and margin maintenance

5. Schedule 5 - Contact Details: List of authorized personnel and contact information

6. Appendix A - Standard Settlement Instructions: Payment and securities settlement instructions for both parties

7. Appendix B - Forms: Standard forms for notices, margin calls, and other communications

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

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Security Agreement

Sector

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking

Financial Services

Investment Management

Securities Trading

Asset Management

Insurance

Public Sector Finance

Treasury Services

Capital Markets

Financial Technology

Relevant Teams

Treasury

Trading

Legal

Compliance

Risk Management

Operations

Settlement

Portfolio Management

Credit Risk

Financial Control

Regulatory Reporting

Collateral Management

Trading Systems

Middle Office

Back Office

Relevant Roles

Treasury Manager

Fixed Income Trader

Repo Desk Manager

Risk Manager

Compliance Officer

Legal Counsel

Operations Manager

Settlement Officer

Portfolio Manager

Credit Risk Analyst

Financial Controller

Securities Operations Officer

Regulatory Reporting Manager

Trading Systems Manager

Collateral Manager

Industries
Corporations Act 2001: Primary legislation governing corporations and financial services in Australia, including requirements for financial services licensing, conduct obligations, and disclosure requirements
Banking Act 1959: Regulates banking activities and provides framework for prudential supervision of financial institutions engaging in repurchase agreements
Personal Property Securities Act 2009: Governs the creation and enforcement of security interests in personal property, relevant for the transfer and retransfer of securities in repo transactions
Anti-Money Laundering and Counter-Terrorism Financing Act 2006: Sets requirements for customer due diligence and transaction monitoring in financial arrangements
National Consumer Credit Protection Act 2009: May be relevant if the agreement involves retail clients, setting out consumer protection requirements
Reserve Bank Act 1959: Relevant for understanding the regulatory framework around monetary policy and financial system stability, including repo operations
Financial Sector (Collection of Data) Act 2001: Sets requirements for reporting and data collection related to financial transactions including repos
Australian Securities and Investments Commission Act 2001: Provides consumer protection provisions and regulates financial products and services
Contract Law (Common Law): General principles of contract law applying to formation, enforcement, and interpretation of agreements
Bankruptcy Act 1966: Relevant for understanding rights and obligations in case of counterparty insolvency
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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