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Master Repurchase Agreement

Master Repurchase Agreement Template for Netherlands

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Key Requirements PROMPT example:

Master Repurchase Agreement

"I need a Dutch law Master Repurchase Agreement for use between our investment bank and various pension funds, with specific provisions for agency transactions and tri-party arrangements, to be implemented by March 2025."

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Document background
The Master Repurchase Agreement governed by Dutch law is designed to facilitate and regulate securities financing transactions between financial institutions and other eligible counterparties. It provides a standardized framework for repurchase transactions while incorporating specific requirements of Dutch law and EU regulations. This agreement is essential for parties engaging in repo markets, offering legal certainty for the transfer of securities against cash with a commitment to reverse the transaction at a future date. The document addresses key aspects such as pricing mechanisms, margin maintenance, events of default, and close-out procedures, while ensuring compliance with Dutch financial regulations and European directives. It's particularly relevant for institutions operating in the Dutch financial markets or those engaging in cross-border transactions with Dutch counterparties.
Suggested Sections

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

2. Background: Context of the agreement and general purpose of entering into repo transactions

3. Definitions: Comprehensive definitions of terms used throughout the agreement

4. Scope and Application: General scope of the agreement and types of transactions covered

5. Initiation and Confirmation: Process for initiating transactions and confirmation requirements

6. Transfer of Securities: Mechanics and requirements for transferring securities in repos

7. Pricing and Payments: Calculation of purchase price, repo rate, and payment mechanisms

8. Margin Maintenance: Requirements for maintaining margin and margin transfer procedures

9. Income Payments: Treatment of income on transferred securities during the repo period

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

11. Close-out and Netting: Procedures for early termination and netting of obligations

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

13. Representations and Warranties: Standard representations and warranties by both parties

14. Governing Law and Jurisdiction: Choice of Dutch law and jurisdiction provisions

15. Notices: Requirements for formal communications between parties

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

Optional Sections

1. Buy/Sell Back Transactions: Additional provisions specific to buy/sell back transactions, used when parties want to include this transaction type

2. Agency Transactions: Provisions for when one party acts as agent for a third party, included when agency relationships are contemplated

3. Forward Transactions: Specific provisions for forward-starting repos, included when forward transactions are expected

4. Mini Close-out: Provisions for dealing with fails on individual transactions, used in markets where this mechanism is common

5. Electronic Trading: Provisions for electronic trading platforms and confirmations, included when parties use electronic trading systems

6. Force Majeure: Extended force majeure provisions, included when parties want specific treatment of market disruptions

7. Custody Arrangements: Specific provisions for third-party custody, included when using tri-party repos

Suggested Schedules

1. Schedule 1: Form of Confirmation: Standard form for transaction confirmations

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

3. Schedule 3: Market Value Calculations: Detailed methodology for calculating market values

4. Schedule 4: Agency Disclosure: Forms and procedures for agency disclosure

5. Schedule 5: Interest and Pricing Calculations: Detailed methodologies for calculating interest and prices

6. Schedule 6: Contact Details: Contact information for notices and operations

7. Schedule 7: Forms of Power of Attorney: Standard forms for powers of attorney when required

8. Appendix A: Master Confirmation: Terms applying to all confirmations under the agreement

9. Appendix B: Electronic Messaging Agreement: Terms for electronic communications and trading

10. Appendix C: Tax Documentation: Required tax forms and certifications

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions





















































Clauses





































Relevant Industries

Financial Services

Banking

Securities Trading

Investment Management

Insurance

Public Sector

Capital Markets

Treasury Services

Financial Market Infrastructure

Asset Management

Relevant Teams

Legal

Treasury

Trading

Risk Management

Compliance

Operations

Collateral Management

Financial Control

Documentation

Regulatory Affairs

Portfolio Management

Securities Operations

Trade Support

Middle Office

Relevant Roles

Legal Counsel

Treasury Manager

Securities Trading Manager

Risk Manager

Compliance Officer

Fixed Income Trader

Securities Operations Manager

Collateral Manager

REPO Trader

Financial Controller

Head of Trading

Senior Legal Counsel

Regulatory Compliance Manager

Portfolio Manager

Trading Operations Director

Chief Risk Officer

Documentation Specialist

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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