Collateral Management Agreement for the United States

Collateral Management Agreement Template for United States

A Collateral Management Agreement is a legal contract governed by U.S. federal and state laws that establishes the terms and conditions for managing collateral assets in financial transactions. It outlines the responsibilities of the collateral manager, the procedures for valuing and maintaining collateral, custody arrangements, and the rights and obligations of all parties involved. The agreement must comply with various U.S. regulations, including the Uniform Commercial Code, Securities Exchange Act, and relevant state laws.

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What is a Collateral Management Agreement?

The Collateral Management Agreement serves as a critical document in financial transactions where assets are pledged as security. It establishes the framework for how collateral is managed, valued, and maintained throughout the relationship between parties. This agreement is particularly important in the U.S. financial markets, where it must comply with federal regulations such as the UCC and SEC requirements, as well as state-specific laws. The document typically includes detailed provisions for collateral eligibility, valuation methods, margin calls, custody arrangements, and default scenarios.

What sections should be included in a Collateral Management Agreement?

1. Parties: Identification of contracting parties and their legal status

2. Background/Recitals: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Appointment and Authority: Scope of collateral manager's appointment and authority

5. Duties and Responsibilities: Core obligations of the collateral manager

6. Collateral Requirements: Types of eligible collateral and maintenance requirements

7. Valuation: Methods and frequency of collateral valuation

8. Custody Arrangements: Details of collateral custody and segregation

9. Events of Default: Circumstances constituting default and remedies

10. Term and Termination: Duration and termination provisions

What sections are optional to include in a Collateral Management Agreement?

1. Cross-Border Provisions: Additional provisions required when parties are in different jurisdictions

2. Third-Party Service Providers: Rights and obligations of additional service providers such as external custodians or administrators

3. Rehypothecation Rights: Provisions governing rights to reuse posted collateral

What schedules should be included in a Collateral Management Agreement?

1. Schedule of Eligible Collateral: Detailed list of acceptable collateral types and haircuts

2. Fee Schedule: Breakdown of fees and charges

3. Operating Procedures: Detailed operational processes and procedures

4. Form of Reports: Templates for required reporting

5. Contact Details: List of authorized personnel and contact information

6. Service Level Agreement: Specific performance metrics and standards

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

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Industries

UCC Article 9: Uniform Commercial Code Article 9 governs secured transactions and is fundamental for establishing security interests in collateral

Securities Exchange Act 1934: Federal law governing securities trading, establishing SEC authority and regulating securities-based collateral arrangements

Investment Company Act 1940: Regulates the organization and operation of investment companies, including their collateral management practices

Dodd-Frank Act: Comprehensive financial reform legislation affecting collateral requirements, particularly for derivatives and swaps

Federal Reserve Regulation T: Sets margin requirements and governs credit extended by broker-dealers for securities transactions

U.S. Bankruptcy Code: Governs treatment of collateral and security interests in bankruptcy proceedings

Federal Deposit Insurance Act: Regulates banking institutions and affects collateral requirements for insured deposits

Securities Investor Protection Act: Protects customers of failed broker-dealers and affects treatment of customer collateral

SEC Custody Rules: Regulations regarding proper custody and segregation of collateral assets

FINRA Rules: Self-regulatory organization rules governing margin and collateral requirements for broker-dealers

Basel III Requirements: International banking standards affecting capital and collateral requirements for banking institutions

State UCC Provisions: State-specific adoptions and modifications of the Uniform Commercial Code affecting secured transactions

Blue Sky Laws: State-specific securities laws that may affect collateral arrangements within each jurisdiction

FATCA: Foreign Account Tax Compliance Act requirements affecting cross-border collateral arrangements

ISDA Guidelines: International Swaps and Derivatives Association standards for collateral management in derivatives transactions

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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