The Title Transfer Collateral Agreement (TTCA) is a crucial document in Swiss financial markets, used to establish arrangements where one party transfers full ownership of collateral to another party as security for financial obligations. This agreement type is particularly relevant in securities lending, repos, and derivatives transactions under Swiss law. The document incorporates specific provisions required by Swiss legislation, including the Federal Act on Intermediated Securities (FISA), the Swiss Code of Obligations, and relevant FINMA regulations. It's designed to provide legal certainty regarding the transfer of title, rights over collateral, and enforcement procedures, while addressing Swiss-specific requirements for financial collateral arrangements. The agreement is especially important given Switzerland's role as a major financial center and the need for robust collateral arrangements in financial transactions.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership of your docs
Alternatively...
1. Parties: Identification of the transferor and transferee, including their registered details and regulatory status
2. Background: Context of the agreement, reference to any master agreement, and purpose of the collateral arrangement
3. Definitions and Interpretation: Key terms used throughout the agreement, including specific Swiss law concepts and financial terms
4. Title Transfer: Core provisions governing the transfer of title to collateral, including the mechanics and timing of transfers
5. Delivery and Substitution: Procedures for delivering initial collateral and making substitutions
6. Redelivery and Return: Conditions and procedures for the return of equivalent collateral
7. Rights and Obligations: Parties' respective rights and obligations regarding the transferred collateral
8. Representations and Warranties: Standard and Swiss law-specific representations regarding capacity, authority, and collateral ownership
9. Events of Default: Circumstances constituting default and consequences thereof
10. Close-out and Set-off: Provisions for early termination and netting of obligations
11. Tax and Expenses: Allocation of tax liabilities and transaction costs
12. Notices: Communication procedures between parties
13. Governing Law and Jurisdiction: Swiss law as governing law and jurisdiction provisions
1. Income Payments: Provisions for handling dividends, interest, or other income on transferred securities - include when collateral consists of income-generating assets
2. Multiple Currencies: Currency conversion and handling provisions - include when collateral may be denominated in different currencies
3. Voting Rights: Provisions regarding exercise of voting rights for securities collateral - include when collateral includes voting securities
4. Intermediated Securities Provisions: Specific provisions complying with FISA - include when collateral includes intermediated securities
5. Rehypothecation Rights: Rights to reuse collateral - include when parties agree to permit rehypothecation
6. Agency Provisions: Include when one or more parties act through agents
7. Data Protection: Swiss data protection compliance provisions - include when personal data processing is involved
1. Eligible Collateral Schedule: Detailed specifications of acceptable types of collateral and applicable haircuts
2. Transfer Procedures: Operational procedures for collateral transfers, including account details and cut-off times
3. Valuation Procedures: Methods and timing for valuing different types of collateral
4. Form of Transfer Notices: Standard forms for transfer instructions and confirmations
5. Contact Details: List of authorized personnel and contact information for operational matters
6. Form of Power of Attorney: Standard form for any required powers of attorney under Swiss law
7. Collateral Eligibility Criteria: Detailed criteria for acceptable collateral including any regulatory requirements
Authors
Find the document you need
Commercial Pledge Agreement
A Swiss law-governed security agreement creating a pledge over commercial assets in favor of a lender or security agent, subject to Swiss Civil Code requirements.
Download
Collateral Account Control Agreement
A Swiss law agreement establishing control mechanisms over a collateral account between an account holder, secured party, and account bank.
Download
Title Transfer Collateral Agreement
A Swiss law-governed agreement for transferring ownership of collateral as security for financial obligations, compliant with Swiss financial regulations and FISA.
Download
Stock Lending Agreement
Swiss law-governed agreement establishing terms for securities lending transactions, compliant with FINMA regulations and Swiss financial market legislation.
Download
Pledge Of Shares Agreement
A Swiss law agreement creating a pledge over shares as security for specified obligations, including creation, maintenance, and enforcement provisions under Swiss law.
Download
Collateral Pledge Agreement
A Swiss law security agreement creating a pledge over assets as collateral for obligations, incorporating specific requirements under Swiss secured transactions law.
Download
Account Pledge Agreement
A Swiss law-governed agreement establishing a pledge over bank accounts as security for financial obligations.
Download
Security Sharing Agreement
A Swiss law-governed agreement establishing terms for securities sharing between financial institutions, including regulatory compliance and operational procedures.
Download
Repurchase Agreement
Swiss law-governed agreement for securities repurchase transactions, establishing framework for secured lending through sale and repurchase of securities.
Download
Convertible Note Purchase Agreement
A Swiss law agreement governing the issuance of convertible notes, documenting terms for debt that can convert to equity under specified conditions.
Download
Reverse Repurchase Agreement
A Swiss law-governed agreement for reverse repo transactions, establishing terms for the sale and repurchase of securities between financial institutions.
Download
Convertible Bond Agreement
A Swiss law agreement governing the issuance of bonds convertible into company shares, detailing conversion rights, interest terms, and investor protections.
Download
Genie’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your data is private:
We do not train on your data; Genie’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
