The Sell Buy Back Agreement is a specialized financial contract used in securities financing transactions under Maltese law. It enables financial institutions to sell securities to a counterparty while simultaneously agreeing to repurchase equivalent securities at a future date for a predetermined price. This document is essential for liquidity management, short-term financing, and securities lending operations in Malta's financial markets. The agreement incorporates necessary provisions to comply with Maltese financial services laws, EU regulations (particularly EU Regulation 2015/2365), and international market standards. It includes detailed terms covering transfer mechanics, pricing calculations, margin maintenance, default scenarios, and regulatory requirements. The document is particularly relevant for financial institutions operating in or through Malta, providing a robust legal framework for securities financing transactions while ensuring compliance with both local and EU regulatory requirements.
Sell Buy Back Agreement for Malta
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Key Requirements PROMPT example:
Sell Buy Back Agreement
"I need a Sell Buy Back Agreement under Maltese law for a domestic transaction between our bank and a local investment firm, covering government bonds with a repurchase date in March 2025, including standard margin maintenance provisions."
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1. Parties: Identification of the seller and buyer, including their registered details and regulatory status
2. Background: Context of the agreement and brief description of the transaction structure
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Sale and Repurchase: Core terms of the initial sale and subsequent repurchase obligation
5. Purchase Price and Repurchase Price: Calculation and payment terms for both the initial sale and repurchase
6. Transfer and Settlement: Mechanics for transferring securities and settlement procedures
7. Income Payments and Corporate Actions: Treatment of dividends, interest, and other corporate actions during the transaction period
8. Margin Maintenance: Requirements for maintaining specified margin levels and related adjustments
9. Representations and Warranties: Standard and transaction-specific representations by both parties
10. Events of Default: Definition of default events and consequences
11. Close-out and Set-off: Procedures for early termination and settlement
12. Tax Provisions: Allocation of tax obligations and related indemnities
13. Governing Law and Jurisdiction: Specification of Maltese law governance and jurisdiction provisions
1. Regulatory Compliance: Specific provisions required for regulated entities or transactions subject to particular regulatory requirements
2. Agency Provisions: Additional terms where one or both parties act as agent for third parties
3. Multiple Transactions: Framework provisions for handling multiple sell buy back transactions under the same agreement
4. Electronic Trading and Settlement: Specific provisions for electronic trading platforms and settlement systems
5. Currency Provisions: Additional terms for cross-border transactions involving multiple currencies
6. Custodian Provisions: Terms relating to third-party custodians holding securities
7. Force Majeure: Provisions dealing with extraordinary events affecting performance
1. Schedule 1 - Eligible Securities: List and specifications of securities eligible for sell buy back transactions
2. Schedule 2 - Pricing Models: Detailed methodology for calculating purchase and repurchase prices
3. Schedule 3 - Form of Transaction Notice: Standard form for confirming individual transactions
4. Schedule 4 - Margin Calculations: Detailed procedures and formulae for margin calculations
5. Schedule 5 - Settlement Instructions: Standard settlement and payment instructions
6. Appendix A - Contact Details: Contact information for notices and operational matters
7. Appendix B - Tax Documentation: Required tax forms and certificates
Authors
Relevant legal definitions
Accrued Interest
Act of Insolvency
Additional Margin
Applicable Law
Banking Day
Base Currency
Business Day
Buyer
Buyer's Default
Calculation Agent
Cash Margin
Close-out Amount
Competent Authority
Confirmation
Corporate Action
Default Market Value
Default Notice
Delivery Date
Distribution
Early Termination Date
Eligible Margin
Eligible Securities
Event of Default
Exercise Date
Financial Collateral
Income
Income Payment Date
Interest Rate
Margin Percentage
Margin Ratio
Margin Transfer
Market Value
Net Exposure
Net Margin
Net Paying Securities
Notice of Default
Payment Date
Price Differential
Purchase Date
Purchase Price
Purchased Securities
Regulatory Requirement
Repurchase Date
Repurchase Price
Seller
Seller's Default
Settlement Date
Spot Rate
Tax Event
Term
Transaction
Transaction Exposure
Transfer Date
Valuation Date
Valuation Percentage
Valuation Time
Act of Insolvency
Additional Margin
Applicable Law
Banking Day
Base Currency
Business Day
Buyer
Buyer's Default
Calculation Agent
Cash Margin
Close-out Amount
Competent Authority
Confirmation
Corporate Action
Default Market Value
Default Notice
Delivery Date
Distribution
Early Termination Date
Eligible Margin
Eligible Securities
Event of Default
Exercise Date
Financial Collateral
Income
Income Payment Date
Interest Rate
Margin Percentage
Margin Ratio
Margin Transfer
Market Value
Net Exposure
Net Margin
Net Paying Securities
Notice of Default
Payment Date
Price Differential
Purchase Date
Purchase Price
Purchased Securities
Regulatory Requirement
Repurchase Date
Repurchase Price
Seller
Seller's Default
Settlement Date
Spot Rate
Tax Event
Term
Transaction
Transaction Exposure
Transfer Date
Valuation Date
Valuation Percentage
Valuation Time
Clauses
Definitions
Sale and Purchase
Repurchase Obligations
Price Calculations
Payment Terms
Transfer of Securities
Margin Maintenance
Income Payments
Corporate Actions
Tax Provisions
Representations and Warranties
Events of Default
Close-out and Netting
Set-off Rights
Market Disruption
Force Majeure
Regulatory Compliance
Anti-Money Laundering
Notices
Assignment and Transfer
Confidentiality
Data Protection
Counterparts
Severability
Amendments
Waiver
Entire Agreement
Third Party Rights
Agency Provisions
Settlement Instructions
Electronic Trading
Governing Law
Jurisdiction
Dispute Resolution
Sale and Purchase
Repurchase Obligations
Price Calculations
Payment Terms
Transfer of Securities
Margin Maintenance
Income Payments
Corporate Actions
Tax Provisions
Representations and Warranties
Events of Default
Close-out and Netting
Set-off Rights
Market Disruption
Force Majeure
Regulatory Compliance
Anti-Money Laundering
Notices
Assignment and Transfer
Confidentiality
Data Protection
Counterparts
Severability
Amendments
Waiver
Entire Agreement
Third Party Rights
Agency Provisions
Settlement Instructions
Electronic Trading
Governing Law
Jurisdiction
Dispute Resolution
Relevant Industries
Banking
Financial Services
Investment Management
Securities Trading
Asset Management
Capital Markets
Treasury Services
Financial Technology
Investment Banking
Wealth Management
Relevant Teams
Legal
Compliance
Treasury
Trading
Operations
Risk Management
Securities Operations
Financial Control
Regulatory Reporting
Settlement
Collateral Management
Portfolio Management
Relevant Roles
Treasury Manager
Securities Trading Officer
Compliance Officer
Legal Counsel
Risk Manager
Portfolio Manager
Operations Manager
Financial Controller
Investment Director
Collateral Manager
Trading Desk Manager
Securities Operations Officer
Regulatory Reporting Officer
Settlement Officer
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