Clearing Agreement Template for Indonesia

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Key Requirements PROMPT example:

Clearing Agreement

"I need a Clearing Agreement draft for our Singapore-based securities firm to become a clearing member of an Indonesian clearing house, ensuring compliance with both Indonesian regulations and cross-border requirements, with operations planned to start in March 2025."

Document background
The Clearing Agreement serves as the foundational document governing the relationship between clearing houses and their members in Indonesia's financial markets. This document is essential when a financial institution seeks to become a clearing member or when a clearing house establishes its service terms. The agreement must comply with Indonesian regulatory requirements, particularly those set by OJK and Bank Indonesia, while incorporating international best practices in clearing operations. It details crucial aspects such as membership criteria, risk management protocols, default procedures, margin requirements, and settlement processes. The Clearing Agreement is particularly important given Indonesia's growing financial markets and the need for robust clearing infrastructure that meets both domestic and international standards.
Suggested Sections

1. Parties: Identification of the clearing house and the clearing member, including their complete legal details and regulatory status

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

3. Definitions: Comprehensive definitions of technical terms, regulatory references, and key concepts used throughout the agreement

4. Membership Requirements: Qualifications, obligations, and ongoing requirements for maintaining clearing membership

5. Services and Scope: Detailed description of clearing services provided and products covered

6. Rights and Obligations: Specific duties and rights of both the clearing house and clearing member

7. Margin Requirements: Rules for initial margin, variation margin, and other collateral requirements

8. Fee Structure: Clearing fees, payment terms, and other applicable charges

9. Risk Management: Risk management procedures, controls, and monitoring requirements

10. Default Procedures: Process for handling defaults, close-out procedures, and loss allocation

11. Settlement Procedures: Rules and timeline for trade settlement and payment processes

12. Regulatory Compliance: Compliance requirements with Indonesian regulations and reporting obligations

13. Term and Termination: Duration of agreement, renewal terms, and termination provisions

14. Confidentiality: Protection and handling of confidential information

15. Dispute Resolution: Procedures for resolving disputes under Indonesian law

16. Governing Law: Confirmation of Indonesian law as governing law and jurisdiction

Optional Sections

1. Cross-Border Provisions: Required when clearing member is a foreign entity, addressing international regulations and cross-border issues

2. Islamic Finance Compliance: Required when clearing services include Sharia-compliant products

3. Technology Requirements: Detailed when specific trading or clearing systems are mandatory

4. Agent Clearing Provisions: Required when clearing member acts as agent for other parties

5. Special Market Provisions: Required for specific market segments like derivatives or commodities

6. Emergency Procedures: Optional section for detailed crisis management procedures

7. Language Provisions: Required when agreement is bilingual Indonesian/English

Suggested Schedules

1. Schedule 1 - Fee Schedule: Detailed breakdown of all applicable fees and charges

2. Schedule 2 - Eligible Collateral: List of acceptable collateral types and their valuation methodology

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

4. Schedule 4 - Risk Management Requirements: Specific risk management obligations and procedures

5. Schedule 5 - Reporting Requirements: Templates and procedures for required regulatory and operational reporting

6. Schedule 6 - Contact Details: List of key contacts and escalation procedures

7. Appendix A - Technical Specifications: Technical requirements for connecting to clearing systems

8. Appendix B - Compliance Checklist: Regulatory compliance requirements and documentation

9. Appendix C - Default Fund Contribution: Calculation methodology and requirements for default fund contributions

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

Commodities Trading

Insurance

Asset Management

Capital Markets

Derivatives Trading

Payment Services

Relevant Teams

Legal

Compliance

Risk Management

Operations

Treasury

Trading

Settlement

Finance

Regulatory Affairs

Market Operations

Relevant Roles

Chief Risk Officer

Compliance Officer

Legal Counsel

Head of Clearing Operations

Risk Manager

Operations Director

Chief Financial Officer

Regulatory Compliance Manager

Settlement Manager

Treasury Manager

Head of Trading

Financial Controller

Legal Director

Chief Operating Officer

Head of Market Operations

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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