Repurchase Agreement Template for Germany

A German law-governed Repurchase Agreement is a specialized financial contract that facilitates temporary transfer of securities against cash, with a commitment to reverse the transaction at a future date. The document incorporates specific requirements under German financial regulations, BaFin guidelines, and EU directives as implemented in German law. It includes detailed provisions for transfer of title, margin maintenance, default procedures, and close-out netting, while ensuring compliance with German civil and commercial law requirements. The agreement typically addresses both single transactions and can be structured as a master agreement for multiple trades.

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What is a Repurchase Agreement?

This Repurchase Agreement template is designed for use under German law and incorporates all necessary provisions required by German financial regulations and relevant EU directives. The document is primarily used when parties wish to enter into repo transactions where securities are sold with a commitment to repurchase them at a later date for liquidity management and financing purposes. It can be used either for single transactions or as a master agreement framework for multiple trades. The agreement includes comprehensive provisions for transfer of title, margin maintenance, income payments, default scenarios, and close-out netting, all structured to comply with German legal requirements and market practice. It is particularly relevant for financial institutions, banks, and corporate treasuries operating in or with German counterparties, and incorporates specific requirements from BaFin and European financial regulations.

What sections should be included in a Repurchase Agreement?

1. Parties: Identification of the contracting parties, including their legal status and registered offices

2. Background: Context of the agreement and brief description of the repo transaction structure

3. Definitions: Definitions of technical terms, financial concepts, and key phrases used throughout the agreement

4. Purchase and Repurchase Obligations: Core obligations regarding the initial sale and subsequent repurchase of securities

5. Purchase Price and Pricing: Determination of initial purchase price, repurchase price, and pricing mechanisms

6. Transfer of Title and Ownership: Provisions regarding legal transfer of securities ownership and associated rights

7. Margin Maintenance: Requirements and procedures for maintaining agreed margin levels

8. Income Payments and Corporate Actions: Treatment of dividends, interest, and other corporate actions during the repo period

9. Representations and Warranties: Standard and transaction-specific representations and warranties by both parties

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

11. Close-out and Netting: Procedures for early termination and netting of obligations

12. Tax Provisions: Treatment of taxes and tax-related obligations

13. Governing Law and Jurisdiction: Confirmation of German law governance and jurisdiction arrangements

What sections are optional to include in a Repurchase Agreement?

1. Multiple Transaction Framework: Framework provisions for multiple repos under one agreement - used for master agreements

2. Custodian Provisions: Provisions regarding third-party custodian arrangements - used when a custodian is involved

3. Agency Provisions: Specific provisions for agency repos - used when one party acts as agent

4. Buy/Sell Back Annex: Additional provisions for buy/sell back transactions - used when such transactions are contemplated

5. Electronic Trading Provisions: Provisions for electronic trading platforms - used when trades are executed electronically

6. Specific Asset Provisions: Special provisions for specific types of securities - used for non-standard underlying assets

7. Central Counterparty Provisions: Provisions for CCP-cleared transactions - used when trades are cleared through a CCP

What schedules should be included in a Repurchase Agreement?

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 repo transactions

3. Schedule 3 - Margin Calculations: Detailed methodology for calculating and maintaining margins

4. Schedule 4 - Contact Details: Administrative and operational contact information for both parties

5. Schedule 5 - Forms of Notices: Standard forms for various notices required under the agreement

6. Appendix A - Master Confirmation: Terms applicable to all transactions under the agreement

7. Appendix B - Settlement Parameters: Specific settlement instructions and procedures

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

Jurisdiction

Germany

Publisher

Genie AI

Cost

Free to use

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