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Margin Agreement

Margin Agreement Template for South Africa

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Key Requirements PROMPT example:

Margin Agreement

"I need a Margin Agreement between a South African bank and a hedge fund, including provisions for cryptocurrency as eligible collateral and automated margin calls, with the agreement to take effect from March 1, 2025."

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Document background
The Margin Agreement serves as a critical risk management tool in South African financial markets, establishing the framework for collateral arrangements between counterparties engaging in financial transactions. This document becomes necessary when parties enter into trading relationships requiring collateral posting, particularly in derivatives, securities lending, and other financial transactions. The agreement must comply with South African regulatory requirements, including the Financial Markets Act and Exchange Control Regulations, while also considering international best practices. It details the mechanisms for calculating, posting, and managing margin, defines eligible collateral types, and establishes procedures for dispute resolution. The agreement is particularly important in light of global regulatory reforms requiring mandatory margin for certain types of transactions, adapted to the South African context.
Suggested Sections

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

2. Background: Context of the agreement and relationship between the parties

3. Definitions and Interpretation: Key terms, calculation methodologies, and interpretation principles

4. Margin Requirements: Core obligations to provide margin, including timing and thresholds

5. Calculation of Margin: Methodology for calculating initial and variation margin requirements

6. Eligible Collateral: Types of acceptable collateral and their valuation methods

7. Delivery and Return of Margin: Procedures and timing for posting and returning margin

8. Rights and Obligations: Key responsibilities of each party regarding margin maintenance

9. Events of Default: Circumstances constituting default and consequences

10. Close-out and Set-off Rights: Rights and procedures following an event of default

11. Representations and Warranties: Standard and specific declarations by the parties

12. Dispute Resolution: Procedures for resolving disagreements about margin calculations or calls

13. Governing Law and Jurisdiction: Choice of South African law and jurisdiction provisions

14. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. Cross-Currency Arrangements: Provisions for handling margin in different currencies, used when parties operate in multiple currencies

2. Automated Systems: Provisions relating to electronic margin calculation and calling systems, included when parties use automated platforms

3. Third-Party Custodian: Arrangements for third-party holding of collateral, used when parties agree to custodial services

4. Rehypothecation Rights: Rights to reuse posted collateral, included when parties agree to allow rehypothecation

5. Minimum Transfer Amount: Provisions for minimum transfer thresholds, included for operational efficiency

6. Special Entity Provisions: Additional provisions for regulated entities or special counterparties

7. Initial Margin Segregation: Special provisions for segregating initial margin, required for certain regulatory regimes

Suggested Schedules

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

2. Schedule 2 - Margin Calculation Methodology: Detailed procedures and formulae for margin calculations

3. Schedule 3 - Contact Details and Notice Information: Operational contact information for margin calls and disputes

4. Schedule 4 - Form of Margin Call Notice: Standard template for margin call notifications

5. Schedule 5 - Custody Arrangements: Details of any third-party custody arrangements if applicable

6. Appendix A - Standard Settlement Instructions: Banking and settlement details for margin transfers

7. Appendix B - Valuation Procedures: Detailed procedures for valuing posted collateral

8. Appendix C - Systems and Operations Manual: Technical specifications for any automated systems used

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

Banking

Financial Services

Investment Management

Insurance

Securities Trading

Asset Management

Hedge Fund Management

Corporate Treasury

Financial Market Infrastructure

Pension Fund Management

Relevant Teams

Legal

Compliance

Risk Management

Treasury

Operations

Collateral Management

Trading

Finance

Regulatory Affairs

Credit Risk

Settlement

Documentation

Front Office

Middle Office

Back Office

Relevant Roles

Legal Counsel

Compliance Officer

Risk Manager

Treasury Manager

Operations Manager

Collateral Manager

Trading Manager

Financial Controller

Chief Risk Officer

Chief Legal Officer

Regulatory Affairs Manager

Portfolio Manager

Credit Risk Manager

Trading Operations Officer

Settlement Manager

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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