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Title Transfer Collateral Agreement
"Need a Title Transfer Collateral Agreement under Hong Kong law for use between our investment firm and a prime broker, specifically covering listed equities as collateral with rehypothecation rights and daily margin maintenance requirements."
1. Parties: Identification of the transferor and transferee, including registration details and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the title transfer arrangement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Title Transfer: Core provisions regarding the transfer of title to collateral, including absolute transfer of ownership rights
5. Delivery and Substitution: Mechanics for initial and subsequent delivery of collateral, and rules for substituting collateral
6. Redelivery and Return: Conditions and process for return of equivalent collateral
7. Distributions and Income: Treatment of income, dividends, or other distributions on collateral during the transfer period
8. Events of Default: Specified events triggering default and consequential rights
9. Close-out and Set-off: Mechanics for closing out transactions and setting off obligations
10. Representations and Warranties: Standard and specific representations and warranties from both parties
11. Tax: Treatment of taxes, including responsibility for payments and gross-up provisions
12. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction provisions
13. Notices: Process and requirements for formal notifications between parties
14. Miscellaneous: Standard boilerplate provisions including severability, amendments, and entire agreement
1. Regulatory Compliance: Additional provisions addressing specific regulatory requirements, used when one or both parties are regulated entities
2. Margin Maintenance: Provisions for maintaining collateral value through margin calls, used when the agreement requires ongoing margin maintenance
3. Rehypothecation Rights: Rights to reuse or rehypothecate collateral, included when parties agree to permit rehypothecation
4. Agency Provisions: Additional provisions when one party acts as agent, used in agency arrangements
5. Multiple Currency Provisions: Specific provisions for handling multiple currencies, used when collateral may be denominated in different currencies
6. Custody Arrangements: Provisions regarding third-party custodians, used when a custodian is involved in holding collateral
7. Electronic Trading Platform: Provisions regarding use of electronic platforms, used when transactions will be conducted electronically
1. Eligible Collateral: Detailed specifications of types of eligible collateral and any applicable haircuts or margins
2. Valuation Procedures: Methods and procedures for valuing different types of collateral
3. Form of Notices: Standard forms for various notices required under the agreement
4. Operating Procedures: Detailed operational procedures for collateral transfers and management
5. Contact Details: List of authorized personnel and contact details for both parties
6. Initial Collateral Schedule: Details of initial collateral transferred under the agreement
7. Form of Substitution Notice: Standard form for requesting collateral substitution
Authors
Aggregate Delivery Amount
Aggregate Return Amount
Approved Exchange
Authorised Person
Business Day
Calculation Agent
Cash Equivalent Amount
Close-out Amount
Collateral
Collateral Access Condition
Collateral Portfolio
Collateral Provider
Collateral Receiver
Collateral Transfer
Collateral Value
Credit Support Amount
Cut-off Time
Default Interest
Default Notice
Delivery Date
Eligible Collateral
Equivalent Collateral
Event of Default
Exposure
Financial Instruments
Haircut
Hong Kong
Income
Income Payment Date
Interest Amount
Interest Period
Interest Rate
Market Value
Minimum Transfer Amount
Notification Time
Obligations
Price Source
Rating Agency
Regulatory Requirement
Relevant System
Return Date
Securities
Security Interest
Set-off Rights
Settlement Day
Specified Condition
Substitute Collateral
Tax
Term
Transaction
Transfer Date
Valuation Date
Valuation Percentage
Valuation Time
Definitions
Title Transfer
Collateral Delivery
Substitution Rights
Return Obligations
Redelivery
Income and Distributions
Margin Maintenance
Valuation
Events of Default
Early Termination
Close-out Netting
Set-off Rights
Tax Provisions
Representations and Warranties
Covenants
Rehypothecation Rights
Payment Obligations
Default Interest
Custody Arrangements
Transfer Restrictions
Market Disruption
Force Majeure
Regulatory Compliance
Record Keeping
Notices
Assignment and Transfer
Amendments
Waivers
Severability
Counterparts
Entire Agreement
Third Party Rights
Governing Law
Jurisdiction
Dispute Resolution
Confidentiality
Data Protection
Anti-Money Laundering
Banking
Financial Services
Investment Management
Securities Trading
Insurance
Asset Management
Prime Brokerage
Corporate Treasury
Pension Fund Management
Investment Banking
Capital Markets
Legal
Compliance
Risk Management
Treasury
Trading Operations
Securities Operations
Finance
Credit Risk
Documentation
Regulatory Affairs
Trading
Collateral Management
Portfolio Management
Legal Counsel
Compliance Officer
Risk Manager
Treasury Manager
Collateral Manager
Trading Operations Manager
Securities Operations Officer
Financial Controller
Chief Financial Officer
Head of Trading
Documentation Manager
Regulatory Compliance Manager
Portfolio Manager
Credit Risk Officer
Legal Documentation Specialist
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