The Reverse Repurchase Agreement is a fundamental instrument in the Swiss financial markets, used primarily for secured lending and liquidity management purposes. It enables financial institutions to access short-term funding while providing securities as collateral, with the agreement being subject to Swiss financial regulations and banking laws. This document type is essential for institutions engaging in repo market activities, whether for liquidity management, securities financing, or monetary policy operations. The agreement covers all aspects of the transaction lifecycle, including trade execution, collateral management, margin maintenance, and default handling. It incorporates Swiss-specific legal requirements and market practices, making it suitable for both domestic and international participants operating in the Swiss financial markets.
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1. Parties: Identification of the buyer and seller, including their full legal names, addresses, and registration details
2. Background: Brief context explaining the purpose of the agreement and the parties' intentions to enter into reverse repurchase transactions
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation
4. Scope and Purpose: Overview of the agreement's scope and the basic mechanics of the reverse repo transactions
5. Purchase and Resale Obligations: Core provisions detailing the obligations for purchase and resale of securities
6. Pricing and Payment Terms: Provisions regarding purchase price, pricing rate, margin maintenance, and payment mechanics
7. Securities and Collateral: Requirements for eligible securities, margin requirements, and substitution rights
8. Income Payments: Treatment of income or distributions on the transferred securities during the transaction period
9. Representations and Warranties: Standard and transaction-specific representations and warranties of both parties
10. Events of Default: Definition of events of default and their consequences
11. Close-out and Set-off: Procedures and calculations for early termination and close-out netting
12. Tax Provisions: Allocation of tax obligations and requirements for tax documentation
13. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
14. Governing Law and Jurisdiction: Swiss law as governing law and jurisdiction provisions
1. Agency Provisions: Required when either party acts as agent for third parties in repo transactions
2. Multiple Transactions: Additional provisions for managing multiple simultaneous transactions under the agreement
3. Electronic Trading: Specific provisions for transactions executed through electronic trading platforms
4. Third Party Rights: Provisions regarding rights of third parties, particularly relevant for multi-party arrangements
5. Special Custody Arrangements: Required when using non-standard custody or settlement arrangements
6. Force Majeure: Specific provisions for market disruption events or force majeure circumstances
7. Buy/Sell Back Annex: Optional provisions for transactions structured as buy/sell back rather than classic repo
1. Schedule 1 - Form of Confirmation: Standard form for documenting individual transactions under the agreement
2. Schedule 2 - Eligible Securities: Detailed criteria and list of securities eligible for use in transactions
3. Schedule 3 - Margin Calculations: Methodology for calculating initial margin and margin maintenance requirements
4. Schedule 4 - Contact Details: Contact information for notices, margin calls, and other communications
5. Schedule 5 - Settlement Instructions: Standard settlement instructions for both parties
6. Appendix A - Forms of Tax Documentation: Required tax forms and certificates
7. Appendix B - Electronic Trading Terms: Specific terms and conditions for electronic trading if applicable
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