Clearing Agreement Template for Denmark

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Key Requirements PROMPT example:

Clearing Agreement

I need a Clearing Agreement under Danish law for a new clearing member who will be trading derivatives and commodities, with specific provisions for indirect clearing services and cross-border operations in the Nordic region.

Document background
The Clearing Agreement is a fundamental document used to establish and govern the relationship between a clearing house and its clearing members in the Danish financial markets. This agreement is essential when a financial institution seeks to become a clearing member of a clearing house or central counterparty (CCP) to clear financial transactions. The document addresses key aspects required under Danish law and EU regulations, including EMIR compliance, capital requirements, risk management procedures, default management, and operational processes. The Clearing Agreement becomes necessary when institutions need to access clearing services for various financial instruments, including derivatives, securities, and other financial products, and must comply with Danish financial regulations while operating within the broader European regulatory framework.
Suggested Sections

1. Parties: Identification of the clearing house and clearing member

2. Background: Context of the agreement and purpose of the clearing relationship

3. Definitions: Comprehensive definitions of terms used throughout the agreement

4. Membership Requirements: Ongoing requirements for maintaining clearing membership status

5. Clearing Services: Description of clearing services provided and products covered

6. Account Structure: Details of clearing accounts and segregation requirements

7. Margin Requirements: Initial margin, variation margin, and collateral requirements

8. Default Fund Contributions: Requirements for contributions to the clearing house default fund

9. Payment and Settlement: Procedures for payment and settlement of obligations

10. Default Procedures: Actions in event of default and close-out procedures

11. Risk Management: Risk monitoring and management procedures

12. Fees: Clearing fees, payment terms, and other charges

13. Representations and Warranties: Standard and specific representations by both parties

14. Confidentiality: Confidentiality obligations and permitted disclosures

15. Term and Termination: Duration of agreement and termination provisions

16. Governing Law and Jurisdiction: Danish law as governing law and jurisdiction provisions

Optional Sections

1. Additional Services: Optional clearing-related services offered by the clearing house

2. Cross-Border Provisions: Required when clearing member operates in multiple jurisdictions

3. Indirect Clearing: Provisions for when clearing member provides clearing services to indirect clients

4. Recovery and Resolution: Special provisions for recovery and resolution scenarios

5. Data Protection: Detailed GDPR compliance section if personal data is processed

6. Tax Provisions: Special tax considerations and requirements if applicable

Suggested Schedules

1. Schedule 1 - Eligible Products: List of products eligible for clearing

2. Schedule 2 - Fee Schedule: Detailed breakdown of all applicable fees and charges

3. Schedule 3 - Operational Procedures: Detailed operational procedures and technical requirements

4. Schedule 4 - Margin Methodology: Detailed methodology for calculating margin requirements

5. Schedule 5 - Account Structure: Detailed description of account types and segregation models

6. Schedule 6 - Default Management Procedures: Detailed procedures for handling defaults

7. Schedule 7 - Forms and Notices: Standard forms and notice templates

8. Appendix 1 - Technical Specifications: Technical requirements for systems connectivity

9. Appendix 2 - Contact Details: List of key contacts and escalation 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 | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Banking

Securities Trading

Investment Management

Insurance

Commodities Trading

Energy Trading

Asset Management

Market Infrastructure

FinTech

Relevant Teams

Legal

Compliance

Risk Management

Operations

Treasury

Trading

Settlement

Client Services

Technology

Finance

Regulatory Affairs

Relevant Roles

Chief Risk Officer

Head of Clearing

Legal Counsel

Compliance Officer

Operations Director

Risk Manager

Treasury Manager

Head of Trading

Chief Operating Officer

Regulatory Compliance Manager

Settlement Manager

Account Manager

Financial Controller

Head of Legal

Chief Technology Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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