This Master Netting Agreement is essential for parties engaging in multiple financial transactions who wish to reduce their credit risk exposure through netting arrangements under Maltese law. The document is particularly relevant for financial institutions, trading entities, and corporations operating within Malta's financial services framework and the broader EU context. It provides comprehensive provisions for both payment netting during the ordinary course of business and close-out netting in default scenarios. The agreement ensures compliance with Malta's Set-Off and Netting on Insolvency Act, the Financial Markets Act, and relevant EU regulations, particularly EMIR. It includes detailed mechanisms for calculation, early termination, and default management, while addressing specific requirements of Maltese law regarding enforceability of netting arrangements.
Master Netting Agreement for Malta
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Key Requirements PROMPT example:
Master Netting Agreement
"Need a Master Netting Agreement under Maltese law for a trading relationship between our investment firm and multiple EU-based hedge funds, with specific provisions for cryptocurrency derivatives trading and enhanced default triggers to be effective from March 2025."
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1. Parties: Identification of the contracting parties and their legal status
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Comprehensive definitions of terms used throughout the agreement
4. Scope of Agreement: Details of transactions covered by the netting arrangement
5. Netting: Core provisions describing the netting mechanism, including payment netting and close-out netting
6. Representations and Warranties: Standard and specific representations made by each party
7. Events of Default: Comprehensive list of events triggering default and their consequences
8. Early Termination: Procedures and consequences of early termination
9. Close-out Netting Provisions: Detailed mechanics of close-out netting calculations and procedures
10. Payment Obligations: Terms governing payment obligations and calculations
11. Security Interest: Provisions regarding any security interests created under the agreement
12. Notices: Communication requirements and procedures between parties
13. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction provisions
14. Miscellaneous: Standard boilerplate provisions including severability, amendments, etc.
1. Credit Support Arrangements: Optional provisions for collateral arrangements, used when parties agree to provide collateral support
2. Multi-branch Provisions: Additional provisions for parties operating through multiple branches or offices
3. Special Entity Provisions: Specific provisions for regulated entities or special status organizations
4. Tax Provisions: Detailed tax-related provisions, used when specific tax considerations need to be addressed
5. Electronic Trading Provisions: Provisions for electronic trading platforms and confirmations, used when parties engage in electronic trading
6. Agent Provisions: Provisions for parties acting through agents, used when one or more parties operate through appointed agents
1. Schedule 1 - Covered Transactions: List and details of transaction types covered by the agreement
2. Schedule 2 - Party Details: Detailed information about each party, including contact details and account information
3. Schedule 3 - Forms of Confirmation: Standard forms for transaction confirmations
4. Schedule 4 - Credit Support Documents: Details of any credit support arrangements and related documentation
5. Appendix A - Form of Notice of Early Termination: Standard form for serving notice of early termination
6. Appendix B - Calculation Agent Provisions: Detailed provisions regarding calculation agent's role and responsibilities
7. Appendix C - Legal Opinions: Format and requirements for legal opinions confirming enforceability
8. Appendix D - Form of Power of Attorney: Standard form for power of attorney if required
Authors
Relevant legal definitions
Affiliate
Agreement
Applicable Rate
Automatic Early Termination
Base Currency
Business Day
Calculation Agent
Calculation Date
Close-out Amount
Confirmation
Credit Support Document
Credit Support Provider
Default Rate
Defaulting Party
Early Termination Amount
Early Termination Date
Early Termination Notice
Effective Date
Eligible Contract
Event of Default
Governing Law
Insolvency Event
Interest Period
Local Business Day
Loss
Market Quotation
Master Agreement
Material Adverse Change
Netting
Non-defaulting Party
Notice of Early Termination
Office
Potential Event of Default
Reference Market-makers
Relevant Jurisdiction
Scheduled Settlement Date
Specified Condition
Specified Entity
Specified Indebtedness
Specified Transaction
Stamp Tax
Tax
Tax Event
Termination Currency
Termination Currency Equivalent
Termination Event
Threshold Amount
Transaction
Waiting Period
Close-out Netting
Payment Netting
Maltese Business Day
EU Regulations
MFSA
Competent Authority
Covered Agreement
Financial Collateral
Set-off Rights
Netting Set
Agreement
Applicable Rate
Automatic Early Termination
Base Currency
Business Day
Calculation Agent
Calculation Date
Close-out Amount
Confirmation
Credit Support Document
Credit Support Provider
Default Rate
Defaulting Party
Early Termination Amount
Early Termination Date
Early Termination Notice
Effective Date
Eligible Contract
Event of Default
Governing Law
Insolvency Event
Interest Period
Local Business Day
Loss
Market Quotation
Master Agreement
Material Adverse Change
Netting
Non-defaulting Party
Notice of Early Termination
Office
Potential Event of Default
Reference Market-makers
Relevant Jurisdiction
Scheduled Settlement Date
Specified Condition
Specified Entity
Specified Indebtedness
Specified Transaction
Stamp Tax
Tax
Tax Event
Termination Currency
Termination Currency Equivalent
Termination Event
Threshold Amount
Transaction
Waiting Period
Close-out Netting
Payment Netting
Maltese Business Day
EU Regulations
MFSA
Competent Authority
Covered Agreement
Financial Collateral
Set-off Rights
Netting Set
Clauses
Parties and Scope
Interpretation
Netting
Close-out Netting
Payment Netting
Representations and Warranties
Events of Default
Early Termination
Set-off Rights
Payment Obligations
Calculation and Valuation
Security Interest
Credit Support
Default Interest
Notices
Amendments
Assignment
Severability
Governing Law
Jurisdiction
Dispute Resolution
Force Majeure
Termination
Confidentiality
Data Protection
Regulatory Compliance
Tax Provisions
Electronic Trading
Multiple Offices
Agency Provisions
Settlement
Market Disruption
Documentation
Legal Opinions
Expenses
Stamp Duty
Authorizations
Third Party Rights
Entire Agreement
Counterparts
Interpretation
Netting
Close-out Netting
Payment Netting
Representations and Warranties
Events of Default
Early Termination
Set-off Rights
Payment Obligations
Calculation and Valuation
Security Interest
Credit Support
Default Interest
Notices
Amendments
Assignment
Severability
Governing Law
Jurisdiction
Dispute Resolution
Force Majeure
Termination
Confidentiality
Data Protection
Regulatory Compliance
Tax Provisions
Electronic Trading
Multiple Offices
Agency Provisions
Settlement
Market Disruption
Documentation
Legal Opinions
Expenses
Stamp Duty
Authorizations
Third Party Rights
Entire Agreement
Counterparts
Relevant Industries
Banking
Financial Services
Insurance
Investment Management
Trading
Asset Management
Corporate Treasury
Capital Markets
Commodities Trading
Securities Trading
Derivatives Trading
Risk Management
Relevant Teams
Legal
Treasury
Risk Management
Trading
Operations
Compliance
Finance
Credit Risk
Documentation
Settlement
Trading Operations
Legal Operations
Regulatory Affairs
Relevant Roles
Chief Financial Officer
Treasury Manager
Risk Manager
Legal Counsel
Compliance Officer
Trading Manager
Operations Director
Financial Controller
Credit Risk Manager
Derivatives Trader
Settlement Officer
Legal Director
Head of Trading
Chief Risk Officer
Treasury Operations Manager
Head of Compliance
Documentation Manager
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