Share Swap Agreement Template for Qatar

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Key Requirements PROMPT example:

Share Swap Agreement

"I need a Share Swap Agreement under Qatar law between QNB Capital and First Abu Dhabi Bank, involving the swap of economic benefits of Qatar Aluminum Manufacturing Company shares worth QAR 50 million, with quarterly dividend payments starting March 2025."

Document background
A Share Swap Agreement is utilized when parties wish to exchange the economic benefits and risks of share ownership without transferring actual share ownership. This document is particularly relevant in the Qatar market where considerations of foreign ownership restrictions, Sharia compliance, and local financial regulations must be addressed. The agreement typically includes detailed provisions on swap mechanics, payment calculations, regulatory compliance, and risk management. It's commonly used for investment strategies, market access solutions, and economic exposure management. The document must comply with Qatar Financial Markets Authority regulations, Qatar Central Bank requirements, and where applicable, Qatar Financial Centre rules. Share Swap Agreements are particularly valuable when direct share ownership is restricted or when parties seek specific economic exposure without the complications of direct ownership.
Suggested Sections

1. Parties: Identification of the parties entering into the swap agreement

2. Background: Context of the transaction and relationship between the parties

3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation

4. Swap Structure and Mechanics: Core terms of the swap including share details, payment obligations, and calculation methods

5. Term and Conditions Precedent: Duration of the agreement and conditions that must be met before the swap becomes effective

6. Payment Obligations: Details of payment calculations, timing, and settlement procedures

7. Representations and Warranties: Standard and transaction-specific declarations by both parties

8. Covenants: Ongoing obligations of the parties during the term of the swap

9. Events of Default: Circumstances constituting default and consequences

10. Termination Events: Circumstances allowing early termination and procedures

11. Tax Provisions: Treatment of taxes and responsibilities for tax payments

12. Regulatory Compliance: Compliance with Qatar laws, including Sharia principles and financial regulations

13. Governing Law and Jurisdiction: Choice of Qatar law and jurisdiction provisions

14. Notices: Communication procedures between parties

15. Miscellaneous: Standard boilerplate provisions including amendments, waivers, and severability

Optional Sections

1. Sharia Compliance Statement: Required if the agreement needs explicit Sharia compliance certification

2. Credit Support Provisions: Include if collateral or guarantees are part of the arrangement

3. Market Disruption Events: Include for swaps involving listed securities or market-linked calculations

4. Transfer Restrictions: Include if there are specific limitations on transfer rights

5. Foreign Exchange Provisions: Required if the swap involves cross-border payments or multiple currencies

6. Break Clauses: Optional provisions allowing parties to terminate early under specific circumstances

7. Third Party Rights: Include if any third parties have enforceable rights under the agreement

Suggested Schedules

1. Schedule 1 - Share Details: Detailed description of the shares subject to the swap

2. Schedule 2 - Calculation Procedures: Detailed methods for calculating payments and adjustments

3. Schedule 3 - Form of Confirmation: Template for transaction confirmations

4. Schedule 4 - Payment Dates and Periods: Calendar of payment dates and calculation periods

5. Schedule 5 - Contact Details: Contact information for notices and operational matters

6. Appendix A - Required Documents: List of documents required for conditions precedent

7. Appendix B - Form of Legal Opinions: Template legal opinion forms if required

8. Appendix C - Regulatory Approvals: List of required regulatory approvals and status

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Banking

Investment Management

Corporate Finance

Asset Management

Private Equity

Securities Trading

Investment Banking

Islamic Finance

Professional Services

Relevant Teams

Legal

Finance

Compliance

Risk Management

Treasury

Corporate Finance

Investment Management

Operations

Tax

Regulatory Affairs

Islamic Finance

Strategic Planning

Relevant Roles

Chief Financial Officer

Legal Counsel

Investment Manager

Compliance Officer

Risk Manager

Treasury Manager

Corporate Finance Director

Investment Banker

Financial Controller

Legal Director

Shariah Compliance Officer

Portfolio Manager

Transaction Manager

Strategic Planning Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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