The Collateral Management Agreement serves as a critical legal framework for financial institutions and corporate entities operating under Maltese jurisdiction, establishing the terms and conditions for managing collateral in various financial transactions. This document is essential when parties need to establish secure arrangements for posting and managing collateral, whether for lending, trading, or other financial activities. It incorporates specific requirements under Maltese financial services law, including compliance with the Financial Collateral Arrangements Regulations and relevant EU directives. The agreement typically includes comprehensive provisions for collateral valuation, eligibility criteria, transfer mechanisms, and enforcement rights, while ensuring compliance with Malta Financial Services Authority requirements and international best practices. It is particularly relevant for regulated entities operating in Malta's financial services sector and those engaged in cross-border transactions involving Maltese entities.
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1. Parties: Identification of the contracting parties including the collateral provider, collateral taker, and any custodian or tri-party agent
2. Background: Context of the agreement, relationship between parties, and reference to any master agreements or related transactions
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and interpretation rules
4. Appointment and Authority: Scope of appointment and authority granted to manage collateral
5. Collateral Requirements: Types of eligible collateral, delivery requirements, substitution rights, and minimum transfer amounts
6. Valuation and Calculations: Methods for valuing collateral, calculation of exposure, and margin requirements
7. Transfer and Settlement: Procedures for transferring collateral, timing requirements, and settlement mechanisms
8. Rights and Obligations: Core responsibilities of each party regarding collateral management
9. Representations and Warranties: Standard and specific representations regarding authority, ownership, and compliance
10. Events of Default: Definition of default events and consequences
11. Enforcement Rights: Rights and procedures following an event of default
12. Fees and Expenses: Fee structure and responsibility for costs
13. Tax Provisions: Treatment of taxes, including withholding tax obligations
14. Notices: Communication procedures and contact details
15. Governing Law and Jurisdiction: Specification of Maltese law governance and jurisdiction provisions
16. General Provisions: Standard boilerplate clauses including amendments, assignments, and severability
1. Tri-Party Arrangements: Additional provisions when using a tri-party collateral agent, defining the agent's role and responsibilities
2. Rehypothecation Rights: Provisions allowing for re-use of collateral, if applicable
3. Custody Arrangements: Specific provisions when using a custodian for collateral safekeeping
4. Cross-Border Provisions: Additional requirements for cross-border collateral arrangements
5. Electronic Trading and Settlement: Provisions for electronic collateral management systems and platforms
6. Regulatory Compliance: Specific provisions addressing EMIR, SFTR, or other regulatory requirements
7. Income and Voting Rights: Treatment of income on collateral and exercise of voting rights
8. Business Day Conventions: Specific provisions for different jurisdictions' business days
9. Force Majeure: Extended provisions for market disruption and force majeure events
1. Schedule 1 - Eligible Collateral: Detailed list of acceptable collateral types and their respective haircuts
2. Schedule 2 - Valuation Procedures: Detailed methodology for valuing different types of collateral
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees and charges
4. Schedule 4 - Operating Procedures: Detailed operational procedures including cut-off times and delivery instructions
5. Schedule 5 - Notice Details: Contact information and notice requirements for all parties
6. Schedule 6 - Forms: Standard forms for collateral transfers, substitutions, and other notices
7. Appendix A - Service Level Agreement: Detailed service levels and performance metrics
8. Appendix B - Reporting Requirements: Templates and requirements for regular reporting
9. Appendix C - Systems and Security: Technical requirements for electronic systems and security procedures
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