Repurchase Agreement for Saudi Arabia

Repurchase Agreement Template for Saudi Arabia

A comprehensive legal agreement governed by Saudi Arabian law that establishes the terms and conditions for securities repurchase transactions between financial institutions. The document incorporates both conventional repo mechanics and Sharia-compliant structures, ensuring compliance with Saudi Arabian financial regulations, Capital Market Authority (CMA) requirements, and Islamic finance principles. It details the sale and repurchase obligations, pricing mechanisms, margin requirements, default provisions, and risk management procedures specific to the Saudi Arabian market context.

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What is a Repurchase Agreement?

This Repurchase Agreement template is designed for use in Saudi Arabian financial markets where institutions engage in secured financing transactions compliant with both secular and Islamic law. The document is particularly relevant for banks, financial institutions, and investment firms operating under the supervision of SAMA and the CMA. It provides a framework for short-term financing through the sale and repurchase of securities, incorporating necessary Sharia-compliant structures and local regulatory requirements. The agreement includes comprehensive provisions for transfer of title, margin maintenance, income distributions, and default scenarios, while ensuring alignment with Saudi Arabian banking regulations and Islamic finance principles. It is typically used for liquidity management, financing operations, and monetary policy implementation within the Kingdom's financial system.

What sections should be included in a Repurchase Agreement?

1. Parties: Identification of the seller and buyer, including their full legal names, registration details, and authorized representatives

2. Background: Context of the agreement, including the parties' intention to enter into Sharia-compliant repo transactions

3. Definitions: Comprehensive definitions of terms used throughout the agreement, including specific Islamic finance terminology

4. Sale and Repurchase: Core transaction terms including purchase price, repurchase price, and timing of transfers

5. Pricing and Payments: Detailed mechanisms for calculating prices, profit rates, and payment procedures

6. Transfer of Title: Provisions regarding ownership transfer and beneficial interests in the securities

7. Margin Maintenance: Requirements for maintaining collateral value and margin calls

8. Income Payments: Treatment of dividends, coupons, or other income on the securities during the repo period

9. Representations and Warranties: Standard and Sharia-specific representations from both parties

10. Events of Default: Circumstances constituting default and consequential rights and remedies

11. Termination: Provisions for early termination and close-out procedures

12. Governing Law and Jurisdiction: Application of Saudi law and specification of dispute resolution mechanisms

What sections are optional to include in a Repurchase Agreement?

1. Sharia Compliance: Detailed provisions ensuring compliance with Islamic principles - required for Islamic repos

2. Tax Provisions: Specific tax considerations and allocations - include if cross-border elements exist

3. Agency Provisions: Required when one party acts as agent for undisclosed principals

4. Custodian Provisions: Include when a third-party custodian is involved in holding securities

5. Multiple Transaction Terms: Include for master agreements covering multiple repo transactions

6. Electronic Trading Provisions: Include if transactions will be executed electronically

What schedules should be included in a Repurchase Agreement?

1. Schedule 1 - Form of Confirmation: Standard form for confirming individual repo transactions

2. Schedule 2 - Eligible Securities: List and characteristics of securities acceptable for repo transactions

3. Schedule 3 - Pricing Models: Detailed calculations for purchase price, repurchase price, and margins

4. Schedule 4 - Standard Settlement Instructions: Banking and securities account details for settlements

5. Appendix A - Sharia Guidelines: Specific Islamic principles and requirements applicable to the transactions

6. Appendix B - Forms of Notices: Standard forms for margin calls, default notices, and other communications

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

Jurisdiction

Saudi Arabia

Publisher

Genie AI

Cost

Free to use

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