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.
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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
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
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
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
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