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Cash Collateral Agreement for India

Cash Collateral Agreement Template for India

A legal agreement governed by Indian law that establishes the terms and conditions for providing and maintaining cash collateral between parties. This document outlines the mechanisms for transferring, maintaining, and returning cash collateral, including provisions for interest payments, default scenarios, and enforcement rights. It incorporates requirements under Indian banking regulations, securities laws, and financial sector guidelines, ensuring compliance with local regulatory frameworks while providing a secure structure for collateral arrangements.

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What is a Cash Collateral Agreement?

The Cash Collateral Agreement is a critical document used in Indian financial markets to secure financial obligations between parties. It is typically employed when one party needs to provide cash security to another party as collateral for loans, trading positions, or other financial obligations. The agreement must comply with Indian regulatory requirements, including the Banking Regulation Act, 1949, and relevant Reserve Bank of India (RBI) guidelines. It details the operational mechanisms for posting, maintaining, and returning collateral, interest calculations, and enforcement rights. This document is particularly important in the context of Indian financial transactions where cash collateral is preferred over other forms of security due to its liquidity and ease of enforcement.

What sections should be included in a Cash Collateral Agreement?

1. Parties: Identification of the collateral provider and collateral taker, including their registered addresses and company details

2. Background: Context of the agreement, reference to any master agreements or underlying obligations

3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation

4. Collateral Requirements: Details of the initial cash collateral amount, currency, and maintenance requirements

5. Provision of Collateral: Process and timing for providing initial and additional collateral, including payment instructions

6. Collateral Maintenance: Obligations to maintain collateral value, including top-up and return provisions

7. Interest and Payments: Treatment of interest earned on cash collateral and payment arrangements

8. Rights and Obligations: Detailed rights and obligations of each party regarding the collateral

9. Representations and Warranties: Standard and specific representations and warranties from each party

10. Events of Default: Definition of events of default and their consequences

11. Enforcement Rights: Rights and procedures for enforcing security over the collateral

12. Tax Provisions: Treatment of taxes and tax-related obligations

13. Notices: Process and contact details for serving notices under the agreement

14. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction details

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

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

1. Custodian Provisions: Required when a third-party custodian is involved in holding the cash collateral

2. Foreign Exchange Provisions: Needed when collateral involves foreign currency or cross-border elements

3. Regulatory Compliance: Specific section required when parties are regulated entities or when specific regulatory requirements apply

4. Interest Sharing Arrangements: Detailed provisions for sharing interest earned on collateral when applicable

5. Set-off Rights: Additional set-off provisions when parties have multiple agreements or relationships

6. Dispute Resolution: Alternative dispute resolution mechanisms if parties prefer arbitration or mediation

7. Force Majeure: Provisions dealing with extraordinary events affecting collateral arrangements

What schedules should be included in a Cash Collateral Agreement?

1. Schedule 1 - Collateral Account Details: Details of the designated account(s) for holding cash collateral

2. Schedule 2 - Interest Calculation Methodology: Detailed methodology for calculating interest on cash collateral

3. Schedule 3 - Form of Collateral Transfer Notice: Standard form for requesting transfer of collateral

4. Schedule 4 - Contact Details: Detailed contact information for authorized representatives and notices

5. Schedule 5 - Eligible Currencies and Exchange Rates: List of acceptable currencies and applicable exchange rate sources

6. Appendix A - Compliance Requirements: Details of applicable regulatory requirements and compliance procedures

7. Appendix B - Operating Procedures: Day-to-day operational procedures for managing the collateral arrangement

Authors

Alex Denne

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

Jurisdiction

India

Publisher

Ƶ

Document Type

Security Agreement

Cost

Free to use
Relevant legal definitions







































Clauses






























Relevant Industries

Banking

Financial Services

Securities Trading

Insurance

Investment Management

Corporate Treasury

Asset Management

Capital Markets

Institutional Lending

Corporate Banking

Relevant Teams

Treasury

Legal

Risk Management

Compliance

Operations

Credit

Finance

Trading

Settlement

Client Relations

Relevant Roles

Treasury Manager

Collateral Manager

Risk Officer

Legal Counsel

Compliance Officer

Operations Manager

Credit Risk Manager

Financial Controller

Relationship Manager

Trading Manager

Settlement Officer

Chief Financial Officer

Head of Treasury

Legal Director

Chief Risk Officer

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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