The Reverse Repurchase Agreement is a critical financial instrument used in Malta's financial markets for secured lending transactions. It enables one party to purchase securities while simultaneously agreeing to resell them to the original owner at a specified future date and price. This document is essential when parties need to establish a formal framework for repo transactions, ensuring compliance with Malta's Financial Markets Act, EU regulations, and other relevant financial services legislation. The agreement includes comprehensive provisions covering security transfers, pricing mechanisms, margin maintenance, default scenarios, and settlement procedures. It's particularly relevant for financial institutions, banks, and investment firms operating in Malta's financial sector, and must align with both domestic and EU regulatory requirements. The document addresses key risks and operational aspects while providing flexibility to accommodate specific transaction requirements.
Reverse Repurchase Agreement for Malta
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Key Requirements PROMPT example:
Reverse Repurchase Agreement
"I need a standard Reverse Repurchase Agreement under Maltese law for use between our bank and local financial institutions, with standard margin maintenance provisions and settlement procedures for government securities transactions."
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1. Parties: Identifies and provides full legal details of the parties entering into the agreement
2. Background: Sets out the context and purpose of the agreement, including the nature of the reverse repo transaction
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles
4. Purchase and Sale: Details the initial sale of securities and commitment to repurchase, including pricing mechanisms
5. Transfer of Title and Risk: Establishes when and how title to securities transfers between parties
6. Margin Maintenance: Outlines margin requirements, calculations, and transfer procedures
7. Income Payments and Corporate Actions: Addresses handling of dividends, interest, and other corporate actions during the transaction period
8. Payment and Transfer: Specifies mechanics for payments and securities transfers
9. Representations and Warranties: Sets out the legal assurances given by each party
10. Events of Default: Defines circumstances constituting default and consequences
11. Close-out and Netting: Procedures for early termination and calculation of settlement amounts
12. Taxes: Addresses tax obligations and responsibilities
13. Notices: Specifies how formal communications between parties should be made
14. Governing Law and Jurisdiction: Establishes Maltese law as governing law and jurisdiction for disputes
1. Agency Provisions: Required when one party acts as agent for undisclosed principals
2. Additional Regulatory Requirements: Needed for transactions subject to specific regulatory regimes
3. Buy-in Procedures: Optional provisions for handling failed securities deliveries
4. Force Majeure: Optional provisions for handling extraordinary events affecting performance
5. Electronic Trading and Settlement: Required when transactions are executed through electronic platforms
6. Third Party Rights: Optional provisions regarding rights of third parties under the agreement
7. Data Protection: Required when personal data processing is involved
8. Sanctions Compliance: Required when dealing with parties subject to international sanctions regimes
1. Schedule 1 - Form of Confirmation: Template for transaction-specific confirmations
2. Schedule 2 - Eligible Securities: Lists acceptable securities and any specific conditions or haircuts
3. Schedule 3 - Margin Calculations: Detailed methodology for calculating margin requirements
4. Schedule 4 - Contact Details: List of authorized representatives and contact information
5. Schedule 5 - Settlement Instructions: Standard settlement and payment instructions
6. Appendix A - Form of Power of Attorney: Standard form for appointing attorneys for securities transfers
7. Appendix B - Tax Documentation: Required tax forms and declarations
8. Appendix C - Electronic Trading Terms: Terms specific to electronic trading platforms if applicable
Authors
Relevant legal definitions
Act
Affiliate
Agreement
Applicable Law
Business Day
Buy-Back Date
Buy-Back Price
Cash Margin
Close-out Amount
Confirmation
Default Market Value
Default Notice
Defaulting Party
Eligible Margin
Event of Default
Financial Instruments
Income
Interest Rate
Margin Ratio
Margin Transfer
Market Value
Master Agreement
Net Exposure
Non-Defaulting Party
Notice of Default
Pricing Rate
Purchase Date
Purchase Price
Purchased Securities
Receiver
Regulatory Authority
Relevant Jurisdiction
Repurchase Date
Repurchase Price
Repurchase Transaction
Securities
Settlement Date
Spot Rate
Subsidiary
Tax
Term
Transaction
Transaction Exposure
Transfer Date
Valuation Date
Valuation Percentage
Valuation Time
Affiliate
Agreement
Applicable Law
Business Day
Buy-Back Date
Buy-Back Price
Cash Margin
Close-out Amount
Confirmation
Default Market Value
Default Notice
Defaulting Party
Eligible Margin
Event of Default
Financial Instruments
Income
Interest Rate
Margin Ratio
Margin Transfer
Market Value
Master Agreement
Net Exposure
Non-Defaulting Party
Notice of Default
Pricing Rate
Purchase Date
Purchase Price
Purchased Securities
Receiver
Regulatory Authority
Relevant Jurisdiction
Repurchase Date
Repurchase Price
Repurchase Transaction
Securities
Settlement Date
Spot Rate
Subsidiary
Tax
Term
Transaction
Transaction Exposure
Transfer Date
Valuation Date
Valuation Percentage
Valuation Time
Clauses
Purchase and Sale
Transfer of Title
Purchase Price and Repurchase Price
Income Payments
Margin Maintenance
Payment and Transfer
Substitution
Representations and Warranties
Events of Default
Close-out and Set-off
Tax Gross-up
Withholding Tax
Agency Provisions
Notices
Assignment and Transfer
Confidentiality
Data Protection
Force Majeure
Severability
Entire Agreement
Amendments
Counterparts
Third Party Rights
Governing Law
Jurisdiction
Service of Process
Waiver of Immunity
Term and Termination
Regulatory Compliance
Settlement
Confirmation Procedures
Default Remedies
Indemnification
Recording of Communications
Electronic Trading
Dispute Resolution
Calculations and Determinations
Market Disruption
Sanctions Compliance
Transfer of Title
Purchase Price and Repurchase Price
Income Payments
Margin Maintenance
Payment and Transfer
Substitution
Representations and Warranties
Events of Default
Close-out and Set-off
Tax Gross-up
Withholding Tax
Agency Provisions
Notices
Assignment and Transfer
Confidentiality
Data Protection
Force Majeure
Severability
Entire Agreement
Amendments
Counterparts
Third Party Rights
Governing Law
Jurisdiction
Service of Process
Waiver of Immunity
Term and Termination
Regulatory Compliance
Settlement
Confirmation Procedures
Default Remedies
Indemnification
Recording of Communications
Electronic Trading
Dispute Resolution
Calculations and Determinations
Market Disruption
Sanctions Compliance
Relevant Industries
Banking
Financial Services
Investment Management
Insurance
Asset Management
Securities Trading
Treasury Services
Fund Management
Institutional Investment
Corporate Finance
Relevant Teams
Treasury
Legal
Compliance
Risk Management
Trading
Operations
Settlement
Credit Risk
Fixed Income
Regulatory Affairs
Portfolio Management
Financial Control
Investment Operations
Securities Operations
Collateral Management
Relevant Roles
Treasury Manager
Chief Financial Officer
Risk Manager
Legal Counsel
Compliance Officer
Investment Manager
Securities Trading Manager
Financial Controller
Operations Manager
Portfolio Manager
Trading Desk Manager
Settlement Officer
Credit Risk Officer
Head of Fixed Income
Regulatory Compliance Manager
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