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Clearing Agreement
"I need a Clearing Agreement under Swiss law for a mid-sized bank joining our CCP as a direct clearing member, with specific focus on derivatives clearing and client segregation requirements to be implemented by March 2025."
1. Parties: Identification of the clearing house/provider and the clearing member/participant
2. Background: Context of the agreement and brief description of the clearing services to be provided
3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and interpretation rules
4. Scope of Services: Description of clearing services, eligible transactions, and service levels
5. Membership Requirements: Ongoing requirements for maintaining clearing membership status
6. Rights and Obligations: Core responsibilities and rights of both parties
7. Margin Requirements: Rules for initial and variation margin, calculation methods, and eligible collateral
8. Default Procedures: Process for handling defaults, close-out procedures, and loss allocation
9. Fees and Payments: Fee structure, payment terms, and billing procedures
10. Risk Management: Risk monitoring, control measures, and reporting requirements
11. Representations and Warranties: Standard legal assurances from both parties
12. Confidentiality: Protection and handling of confidential information
13. Term and Termination: Duration, renewal, and termination provisions
14. Governing Law and Jurisdiction: Choice of Swiss law and jurisdiction details
15. Miscellaneous: Standard boilerplate provisions including notices, amendments, and assignment
1. Cross-Border Services: Additional provisions for clearing services involving multiple jurisdictions
2. Direct Electronic Access: Terms for electronic trading and clearing system access, if applicable
3. Client Clearing: Additional terms for members providing clearing services to their own clients
4. Segregation Models: Different account structures and segregation options if multiple models are offered
5. Additional Services: Terms for optional value-added services such as compression or reporting
6. Emergency Provisions: Procedures for handling market emergencies or technical failures
7. Insurance Requirements: Specific insurance coverage requirements if applicable
1. Schedule 1 - Eligible Products: List of products and asset classes eligible for clearing
2. Schedule 2 - Fee Schedule: Detailed fee structure and calculations
3. Schedule 3 - Operational Procedures: Detailed operational processes and technical requirements
4. Schedule 4 - Risk Management Procedures: Detailed risk management requirements and procedures
5. Schedule 5 - Forms and Notices: Standard forms for various notices and requests
6. Schedule 6 - Technical Requirements: IT systems and connectivity requirements
7. Schedule 7 - Service Level Agreement: Detailed service levels and performance metrics
8. Appendix A - Contact Details: List of key contacts and escalation procedures
9. Appendix B - Eligible Collateral: List of acceptable collateral types and haircuts
Authors
Affiliate
Applicable Law
Approved Trade Source System
Authorized Person
Business Day
Clearing House
Clearing Member
Clearing Rules
Clearing Services
Clearing System
Close-out
Collateral
Confidential Information
Default Event
Default Management Process
Default Notice
Designated Account
Early Termination Date
Eligible Collateral
Eligible Product
Emergency Situation
Fees
FMIA
Force Majeure Event
Governing Law
Initial Margin
Insolvency Event
Loss
Margin
Margin Call
Market Emergency
Member Default
Membership Requirements
Net Open Position
Notice of Default
Operating Procedures
Payment Date
Position
Position Account
Regulatory Authority
Required Margin
Risk Committee
Rules
Securities
Segregated Account
Settlement Account
Settlement Bank
Settlement Date
Swiss Banking Day
Swiss Business Day
System
Technical Requirements
Term
Trading Venue
Transaction
Transfer
Variation Margin
Clearing Services
Fees and Payments
Margin Requirements
Default Procedures
Risk Management
Collateral
Settlement
Technical Access
Operational Requirements
Regulatory Compliance
Confidentiality
Data Protection
Representations and Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Suspension Rights
Close-out
Netting
Assignment and Transfer
Amendments
Notices
Dispute Resolution
Governing Law
Jurisdiction
Severability
Entire Agreement
Third Party Rights
Records and Audit
Business Continuity
Information Security
Anti-Money Laundering
Reporting Requirements
Financial Services
Banking
Securities Trading
Investment Management
Asset Management
Insurance
Commodities Trading
FinTech
Market Infrastructure
Legal
Compliance
Risk Management
Operations
Trading
Treasury
Technology
Finance
Client Services
Product Management
Regulatory Reporting
Collateral Management
Chief Risk Officer
Head of Operations
Legal Counsel
Compliance Officer
Chief Financial Officer
Head of Clearing
Risk Manager
Operations Manager
Clearing Operations Specialist
Default Manager
Collateral Manager
Systems Administrator
Head of Trading
Treasury Manager
Chief Technology Officer
Regulatory Reporting Officer
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