Overnight Reverse Repurchase Agreement for the United States

Overnight Reverse Repurchase Agreement Template for United States

An Overnight Reverse Repurchase Agreement is a standardized financial contract used in the United States for short-term secured lending, where one party agrees to purchase securities from another party with an agreement to resell them the next business day. The agreement is governed by U.S. federal securities laws and banking regulations, including SEC requirements and Federal Reserve guidelines. It includes detailed provisions for the transfer of securities, pricing mechanisms, margin requirements, and default procedures.

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What is a Overnight Reverse Repurchase Agreement?

The Overnight Reverse Repurchase Agreement is a crucial instrument in U.S. money markets, providing a secure mechanism for short-term funding and liquidity management. This agreement type is commonly used by financial institutions, particularly when dealing with treasury securities and other high-quality collateral. The document specifies all aspects of the transaction, including purchase and repurchase prices, eligible securities, margin requirements, and settlement procedures. It is designed to comply with U.S. regulatory requirements, including SEC regulations and Federal Reserve guidelines, while providing legal certainty for both parties in the transaction.

What sections should be included in a Overnight Reverse Repurchase Agreement?

1. Parties: Identifies the buyer and seller in the reverse repo transaction

2. Background: Sets out the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Purchase and Sale: Core transaction terms including purchase price, securities involved, and repurchase provisions

5. Income Payments: Treatment of income received on the securities during the transaction period

6. Margin Maintenance: Requirements for maintaining specified margin levels and procedures for margin calls

7. Settlement and Payment: Procedures for settling the initial purchase and repurchase

8. Events of Default: Specifies what constitutes default and consequences

9. Representations and Warranties: Standard legal assurances from both parties

10. Governing Law: Specifies applicable law and jurisdiction

What sections are optional to include in a Overnight Reverse Repurchase Agreement?

1. Substitution: Optional provisions allowing for replacement of securities during the transaction period

2. Rehypothecation Rights: Optional provisions regarding rights to reuse securities

3. Tax Provisions: Optional specific tax treatment agreements for cross-jurisdictional transactions

What schedules should be included in a Overnight Reverse Repurchase Agreement?

1. Schedule of Eligible Securities: Lists acceptable securities for the transaction

2. Pricing Schedule: Details of pricing methodology and haircuts

3. Operating Procedures: Detailed procedures for execution and settlement

4. Form of Confirmation: Standard form for transaction confirmations

5. Margin Calculations: Methodology for calculating and maintaining margins

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

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

Document Type

Security Agreement

Cost

Free to use
Industries

Securities Act of 1933: Primary federal legislation governing the registration and distribution of securities, relevant for ensuring proper documentation of securities used in repo transactions

Securities Exchange Act of 1934: Regulates secondary market trading and establishes SEC oversight, crucial for repo market operations and broker-dealer regulations

SEC Rule 15c3-3: Customer Protection Rule that governs how broker-dealers must segregate customer securities and maintain reserves, directly impacting repo operations

Federal Reserve Regulation W: Governs transactions between member banks and their affiliates, including restrictions and requirements for repo agreements between related entities

U.S. Bankruptcy Code Title 11 USC �� 559: Specific provisions for repo agreements in bankruptcy scenarios, protecting the non-defaulting party's rights to liquidate, terminate, or accelerate the agreement

UCC Article 8: Uniform Commercial Code provisions governing investment securities, crucial for establishing rights and obligations regarding securities transfers

UCC Article 9: Governs secured transactions, including the creation and perfection of security interests in repo agreements

Bank Secrecy Act: Requires financial institutions to assist government agencies in detecting and preventing money laundering, applicable to repo transactions

USA PATRIOT Act: Enhances anti-money laundering requirements and includes provisions affecting financial institutions' customer identification programs

Dodd-Frank Wall Street Reform: Comprehensive financial reform legislation affecting derivatives and secured transactions, including certain repo agreement requirements

Federal Reserve Policy on Payment System Risk: Guidelines for managing risk in payment, clearing, and settlement systems, relevant for repo transaction settlement

FINRA Rules: Self-regulatory organization rules governing broker-dealers, including specific requirements for repo transactions

Basel III Requirements: International regulatory framework for banks that impacts capital requirements and risk management for repo transactions

Blue Sky Laws: State-specific securities regulations that may affect repo transactions depending on the jurisdiction of the parties involved

Federal Deposit Insurance Act: Provides framework for resolving failed banks and protecting depositors, relevant for repo transactions with insured depository institutions

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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