The Bank Repurchase Agreement is a critical document used in the Swiss financial markets for establishing the legal framework governing repurchase transactions between financial institutions. It is particularly relevant when banks and financial institutions need to manage their short-term liquidity needs or execute secured lending transactions. The agreement complies with Swiss banking regulations, including the Federal Banking Act and FINMA requirements, while incorporating international standards. It covers essential elements such as transfer of securities, pricing mechanisms, margin maintenance, default procedures, and close-out netting arrangements. This document is typically used in conjunction with the Swiss Master Repo Agreement framework and is essential for institutions operating in the Swiss repo market, whether for liquidity management, investment purposes, or central bank operations.
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1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and registration details
2. Background: Context of the agreement and brief description of the parties' intentions to enter into repo transactions
3. Definitions: Definitions of key terms used throughout the agreement, including financial, technical, and legal terminology specific to repo transactions
4. Scope of Agreement: General framework for conducting repo transactions, including types of securities eligible for use
5. Purchase and Repurchase Obligations: Core provisions detailing the mechanics of repo transactions, including transfer of securities and payment obligations
6. Pricing and Payments: Terms for calculating purchase price, repo rate, margin payments, and other financial terms
7. Margin Maintenance: Requirements for maintaining margin, including valuation procedures and timing of margin transfers
8. Income Payments: Treatment of income on transferred securities during the repo period
9. Tax Provisions: Handling of tax matters, including withholding tax and stamp duty considerations under Swiss law
10. Representations and Warranties: Standard and specific representations and warranties from both parties
11. Events of Default: Definition of default events and consequences, including close-out procedures
12. Set-off and Netting: Rights of set-off and netting provisions in accordance with Swiss law
13. Governing Law and Jurisdiction: Confirmation of Swiss law as governing law and jurisdiction provisions
1. Custodian Provisions: Required when a third-party custodian is involved in holding securities
2. Multi-branch Provisions: Include when parties operate through multiple branches or locations
3. Agency Provisions: Required when one party acts as agent for undisclosed principals
4. Electronic Trading Provisions: Include when parties will execute transactions through electronic platforms
5. Special Collateral Provisions: Required for specific types of securities or special collateral arrangements
6. Buy/Sell Back Annex: Include when parties wish to conduct buy/sell back transactions in addition to classic repos
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 use in repo transactions
3. Schedule 3 - Margin Ratios and Valuation Percentages: Detailed margin requirements for different types of securities
4. Schedule 4 - Addresses for Notices: Contact details and procedures for sending notices
5. Schedule 5 - Forms of Power of Attorney: Standard forms for powers of attorney if required
6. Appendix A - Standard Settlement Instructions: Details of payment and securities settlement arrangements
7. Appendix B - Electronic Messaging Procedures: Procedures and requirements for electronic communications
8. Appendix C - Tax Documentation: Required tax forms and documentation
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