The Collateral Substitution Agreement is a crucial document in financial transactions under Dutch law, typically used when parties need flexibility in managing their collateral obligations while maintaining the required security level. This agreement becomes necessary when a party wishes to substitute posted collateral with alternative eligible assets, whether for liquidity management, portfolio optimization, or regulatory compliance purposes. The document incorporates requirements from Dutch civil law, the Financial Collateral Directive (2002/47/EC) as implemented in Dutch law, and relevant EU regulations. It includes detailed provisions on substitution mechanics, valuation methodologies, eligibility criteria for replacement collateral, and operational procedures, ensuring that substitutions maintain equivalent security value and comply with regulatory requirements.
Your data doesn't train Genie's AI
You keep IP ownership of your information
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
OR
Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc
1. Parties: Identification of the parties entering into the agreement, including their legal names, registration details, and addresses
2. Background: Context of the agreement, reference to original collateral arrangement, and purpose of the substitution arrangement
3. Definitions: Definitions of key terms used throughout the agreement, including specific financial and legal terminology
4. Substitution Rights: Core provisions detailing the right to substitute collateral and conditions under which substitution can occur
5. Substitution Process: Detailed procedures for initiating and executing collateral substitution, including notices and timing requirements
6. Eligibility Criteria: Specific requirements that replacement collateral must meet to be acceptable
7. Valuation Methodology: Methods for valuing both original and replacement collateral to ensure equivalence
8. Delivery and Transfer: Procedures for delivering and transferring replacement collateral and returning original collateral
9. Representations and Warranties: Standard and specific representations regarding ownership, authority, and quality of collateral
10. Events of Default: Circumstances constituting default and consequences thereof
11. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
1. Credit Support Provisions: Additional provisions for maintaining credit support balance, used when agreement is part of broader credit support arrangement
2. Custody Arrangements: Provisions regarding third-party custodian arrangements, needed when custodian holds collateral
3. Tax Provisions: Specific tax-related provisions, included when tax implications of substitution need to be addressed
4. Regulatory Compliance: Additional regulatory compliance provisions, needed for regulated entities or specific types of collateral
5. Multiple Currency Provisions: Provisions handling currency conversions and exchange rates, needed when collateral can be in different currencies
6. Dispute Resolution: Detailed dispute resolution procedures, included for complex arrangements or when standard jurisdiction clause is insufficient
1. Schedule 1 - Eligible Collateral: Detailed list of types of assets acceptable as replacement collateral
2. Schedule 2 - Valuation Percentages: Specific haircuts and valuation percentages applicable to different types of collateral
3. Schedule 3 - Notice Forms: Standard forms for substitution notices and other required communications
4. Schedule 4 - Operating Procedures: Detailed operational procedures for executing substitutions
5. Appendix A - Original Collateral Description: Detailed description of the original collateral subject to substitution
6. Appendix B - Contact Details: List of authorized persons and contact details for notices and operations
Relevant legal definitions
Agreement
Alternative Collateral
Business Day
Calculation Agent
Collateral
Collateral Account
Collateral Agent
Collateral Provider
Collateral Receiver
Collateral Value
Credit Support Amount
Custodian
Default Event
Delivery Date
Eligible Collateral
Encumbrance
Equivalent Collateral
Event of Default
Exposure
Financial Instruments
Haircut
Interest Amount
Market Value
Notification Time
Original Collateral
Party A
Party B
Posting Date
Reference Price
Replacement Collateral
Security Interest
Substitution Date
Substitution Notice
Substitution Request
Substitution Rights
Transfer
Valuation Agent
Valuation Date
Valuation Percentage
Valuation Time
Alternative Collateral
Business Day
Calculation Agent
Collateral
Collateral Account
Collateral Agent
Collateral Provider
Collateral Receiver
Collateral Value
Credit Support Amount
Custodian
Default Event
Delivery Date
Eligible Collateral
Encumbrance
Equivalent Collateral
Event of Default
Exposure
Financial Instruments
Haircut
Interest Amount
Market Value
Notification Time
Original Collateral
Party A
Party B
Posting Date
Reference Price
Replacement Collateral
Security Interest
Substitution Date
Substitution Notice
Substitution Request
Substitution Rights
Transfer
Valuation Agent
Valuation Date
Valuation Percentage
Valuation Time
Clauses
Interpretation
Definitions
Substitution Rights
Conditions Precedent
Representations and Warranties
Eligibility Criteria
Valuation
Transfer and Delivery
Margin Maintenance
Custodian Arrangements
Default and Remedies
Indemnification
Set-off Rights
Tax Provisions
Notices
Fees and Expenses
Confidentiality
Data Protection
Force Majeure
Assignment and Transfer
Amendment and Waiver
Severability
Counterparts
Term and Termination
Dispute Resolution
Governing Law and Jurisdiction
Definitions
Substitution Rights
Conditions Precedent
Representations and Warranties
Eligibility Criteria
Valuation
Transfer and Delivery
Margin Maintenance
Custodian Arrangements
Default and Remedies
Indemnification
Set-off Rights
Tax Provisions
Notices
Fees and Expenses
Confidentiality
Data Protection
Force Majeure
Assignment and Transfer
Amendment and Waiver
Severability
Counterparts
Term and Termination
Dispute Resolution
Governing Law and Jurisdiction
Relevant Industries
Banking
Financial Services
Investment Management
Insurance
Asset Management
Securities Trading
Hedge Funds
Private Equity
Commodities Trading
Corporate Treasury
Relevant Teams
Legal
Treasury
Risk Management
Compliance
Operations
Trading
Portfolio Management
Credit Risk
Regulatory Reporting
Documentation
Collateral Management
Relevant Roles
Legal Counsel
Collateral Manager
Treasury Manager
Risk Manager
Compliance Officer
Operations Manager
Portfolio Manager
Trading Manager
Credit Risk Officer
Financial Controller
Legal Documentation Specialist
Regulatory Reporting Officer
Find the exact document you need
Security Interest Contract
A Dutch law agreement creating a security interest over assets, establishing rights and obligations under the Dutch Civil Code.
find out more
Simple Security Deposit Agreement
A Dutch law-governed agreement establishing terms for handling rental security deposits, protecting both landlord and tenant interests.
find out more
Security Agreement For Promissory Note
A Dutch law security agreement creating security interests over assets to secure obligations under a promissory note, establishing terms for security arrangements and enforcement rights.
find out more
Security Deposit Agreement
A Dutch law-governed agreement establishing terms for providing and managing a security deposit between parties, including deposit maintenance and return conditions.
find out more
Data Privacy Contract
A Dutch law-governed Data Privacy Contract establishing data processing terms and GDPR compliance requirements between contracting parties.
find out more
Collateral Substitution Agreement
A Dutch law-governed agreement enabling the substitution of existing collateral with new eligible collateral while maintaining security interests and economic terms.
find out more
Collateral Agreement
A Dutch law agreement establishing security interests over financial collateral, structured in compliance with Dutch civil law and EU regulations.
find out more
Simple Loan Agreement With Collateral
Dutch law-governed loan agreement with collateral provisions, establishing terms for secured lending and enforcement rights.
find out more
Purchase Security Agreement
A Dutch law-governed agreement establishing security interests over assets to secure obligations arising from a purchase transaction.
find out more
Membership Interest Pledge Agreement
A Dutch law agreement creating a security interest over membership interests in a Dutch company as collateral for secured obligations.
find out more
Deposit Pledge Agreement
A Dutch law security document creating a pledge over bank deposits, establishing the pledgee's security interest over deposited funds with related perfection and enforcement provisions.
find out more
Security Control Agreement
A Dutch law-governed agreement establishing security control measures and responsibilities between parties, ensuring compliance with local regulations and industry standards.
find out more
Key Holding Agreement
A Dutch law-governed agreement establishing terms for professional key holding and emergency access services by a security provider.
find out more
Title Transfer Collateral Agreement
A Dutch law-governed agreement establishing the framework for transferring legal title of collateral between financial parties, compliant with Dutch civil law and EU regulations.
find out more
Third Party Pledge Agreement
A Dutch law security document where a third party provides a pledge over its assets to secure another party's obligations to a creditor.
find out more
Stock Pledge Agreement
A Dutch law-governed agreement creating a security interest over shares as collateral for financial obligations, including provisions for pledge creation, perfection, and enforcement.
find out more
Security Account Control Agreement
A Dutch law-governed tripartite agreement establishing control rights over bank accounts as collateral security, setting out rights and obligations between secured party, account holder, and account bank.
find out more
Receivables Pledge Agreement
A Dutch law security document creating a pledge over a company's receivables in favor of a lender or security trustee.
find out more
Personal Data Protection Agreement
Dutch law-governed agreement for personal data processing compliance under GDPR/AVG and UAVG requirements.
find out more
Master Security Agreement
Dutch law-governed agreement establishing security interests over various assets in financing transactions, compliant with Netherlands security and financial regulations.
find out more
Collateral Sharing Agreement
Dutch law agreement governing the sharing of security interests and enforcement proceeds among multiple creditors, including security agent appointment and enforcement mechanisms.
find out more
Stock Lending Agreement
Dutch law-governed agreement establishing terms for securities lending transactions, including collateral requirements and operational procedures.
find out more
Stock Issuance Agreement
A Dutch law-governed agreement documenting the issuance of shares by a company to subscribers, setting forth terms, conditions, and parties' rights and obligations.
find out more
Share Security Agreement
A Dutch law-governed agreement creating security over shares in a company, establishing pledge rights and enforcement mechanisms in accordance with Dutch legal requirements.
find out more
Promissory Note And Security Agreement
A Dutch law-governed document combining a debt obligation (promissory note) with collateral arrangements (security agreement), establishing both repayment terms and security rights.
find out more
Collateral Access Agreement
Dutch law agreement governing access rights and control mechanisms for collateral arrangements between financial institutions and custodians.
find out more
Convertible Note Agreement
A Dutch law agreement documenting a loan that can convert to company equity, specifying conversion terms, interest rates, and maturity date under Dutch legal requirements.
find out more
Third Party Security Agreement
A Dutch law-governed agreement where a third party provides security interests over their assets to secure another party's obligations.
find out more
Property Collateral Agreement
A Dutch law agreement creating a security interest over real property as collateral for financial obligations, requiring registration with the Land Registry (Kadaster).
find out more
Pledge And Security Agreement
A Dutch law-governed agreement creating security interests over assets to secure financial obligations, subject to the Dutch Civil Code requirements.
find out more
Security Loan Agreement
Dutch law-governed agreement for temporary transfer of securities between parties in exchange for collateral, with comprehensive terms and regulatory compliance measures.
find out more
Security Transfer Agreement
Dutch law-governed agreement for the formal transfer of securities between parties, ensuring regulatory compliance and proper transfer execution.
find out more
Master Repurchase Agreement
Dutch law-governed framework agreement for repurchase transactions, establishing terms for securities financing between financial institutions.
find out more
Personal Guarantee Promissory Note
A Dutch law-governed document combining a promise to pay a specified sum with a personal guarantee, creating both primary payment and secondary guarantee obligations.
find out more
Cross Collateral Agreement
A Dutch law-governed agreement establishing cross-collateralization of multiple assets securing various obligations across different credit facilities.
find out more
Asset Pledge Agreement
A Dutch law security document creating a pledge over specified assets in favor of a creditor, establishing rights and obligations under Dutch Civil Code requirements.
find out more
Warrant Purchase Agreement
A Dutch law agreement governing the purchase of warrants, establishing terms for future share acquisition rights and compliance with Dutch securities regulations.
find out more
Overnight Reverse Repurchase Agreement
A Dutch law-governed agreement for overnight secured lending transactions involving the exchange of securities for cash with next-day reversal.
find out more
Loan Collateral Agreement
A Dutch law-governed agreement establishing security rights over assets as collateral for a loan, compliant with the Dutch Civil Code and financial regulations.
find out more
Film Investment Contract
A Dutch law-governed agreement establishing terms and conditions for film production investment, including investment structure, rights, and profit-sharing arrangements.
find out more
Genie’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; Genie’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)
.png)