Credit Default Swap Agreement Template for Ireland

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Key Requirements PROMPT example:

Credit Default Swap Agreement

"Need to draft a Credit Default Swap Agreement under Irish law for a hedge fund as protection buyer seeking credit protection on a portfolio of Irish corporate bonds, with physical settlement option and quarterly premium payments starting March 2025."

Document background
The Credit Default Swap Agreement is essential for parties seeking to transfer or manage credit risk exposure in financial markets. This document type is primarily used when entities operating under Irish jurisdiction wish to enter into credit derivative transactions, whether for hedging, speculation, or risk management purposes. The agreement comprehensively details credit events, settlement mechanisms, payment obligations, and regulatory compliance requirements under Irish law and EU regulations such as EMIR and MiFID II. It follows ISDA standardized documentation while incorporating jurisdiction-specific elements required under Irish law. The document is typically used by financial institutions, investment firms, and corporations engaging in credit derivatives trading within the Irish and broader EU regulatory framework.
Suggested Sections

1. Parties: Identification of the protection buyer and protection seller, including registration details and addresses

2. Background: Context of the agreement, relationship between parties, and general purpose of the CDS

3. Definitions: Comprehensive definitions including Credit Events, Reference Entity, Reference Obligation, and other ISDA-standard terms

4. Transaction Terms: Core economic terms including notional amount, fixed rate, credit events, reference obligations

5. Credit Events and Settlement: Detailed provisions regarding credit event triggers, notification procedures, and settlement mechanisms

6. Premium Payments: Terms regarding the payment of premiums, calculation periods, and payment dates

7. Representations and Warranties: Standard declarations by both parties regarding capacity, authority, and compliance with laws

8. Covenants: Ongoing obligations of the parties including regulatory reporting and risk mitigation requirements

9. Events of Default: Circumstances constituting default and consequences thereof

10. Early Termination: Provisions for early termination and close-out procedures

11. Governing Law and Jurisdiction: Specification of Irish law governance and jurisdiction provisions

Optional Sections

1. Credit Support Arrangements: Include when collateral posting is required, specifying collateral terms and maintenance

2. Third Party Rights: Include when rights are to be conferred on non-parties under the agreement

3. Additional Termination Events: Include when specific circumstances beyond standard events of default should trigger termination

4. Transfer Provisions: Include when parties want to specify detailed transfer rights and restrictions

5. Tax Provisions: Include when specific tax gross-up or tax event provisions are needed

6. Multi-branch Provisions: Include when either party operates through multiple branches

7. Protocol Adherence: Include when specific ISDA protocols need to be incorporated

Suggested Schedules

1. Schedule 1 - Transaction Confirmation: Detailed economic terms of the specific CDS transaction

2. Schedule 2 - Reference Entity Details: Specific information about the reference entity and obligations

3. Schedule 3 - Notice Information: Contact details and procedures for notices and communications

4. Schedule 4 - Credit Support Terms: Detailed collateral requirements and calculations if applicable

5. Appendix A - ISDA Definitions: Incorporation of relevant ISDA definitions and modifications

6. Appendix B - Settlement Terms: Detailed procedures for settlement following a credit event

7. Appendix C - Calculation Agent Provisions: Detailed terms regarding calculation agent's role and responsibilities

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Banking

Financial Services

Insurance

Investment Management

Asset Management

Capital Markets

Corporate Finance

Risk Management

Hedge Funds

Private Equity

Relevant Teams

Legal

Compliance

Risk Management

Trading

Operations

Credit Analysis

Documentation

Treasury

Regulatory Reporting

Middle Office

Product Control

Collateral Management

Relevant Roles

Derivatives Trader

Legal Counsel

Compliance Officer

Risk Manager

Portfolio Manager

Credit Analyst

Structured Products Manager

Documentation Specialist

Trading Operations Manager

Chief Investment Officer

Credit Risk Officer

Financial Controller

ISDA Documentation Manager

Regulatory Reporting Officer

Treasury Manager

Industries
European Market Infrastructure Regulation (EMIR): EU regulation governing OTC derivatives, central counterparties, and trade repositories. Essential for CDS agreements as it sets requirements for reporting, clearing, and risk mitigation.
MiFID II / MiFIR: EU frameworks that regulate financial instruments and improve protections for investors. Relevant for CDS trading and documentation requirements.
Central Bank (Supervision and Enforcement) Act 2013: Irish legislation establishing regulatory powers over financial institutions and services, including derivatives trading.
Irish Contract Law: Common law principles governing contract formation, validity, and enforcement in Ireland.
Market Abuse Regulation (MAR): EU regulation preventing market manipulation and insider trading, relevant for CDS agreements involving public securities.
Capital Requirements Regulation (CRR): EU regulation setting prudential requirements for credit institutions and investment firms, affecting CDS collateral and capital requirements.
Financial Services and Markets Act 2004 (Ireland): National legislation governing financial services and markets in Ireland, including derivatives trading.
Companies Act 2014: Irish legislation governing corporate entities' capacity to enter into derivative transactions and related disclosure requirements.
ISDA Master Agreement Requirements: While not legislation, these standardized terms are crucial for CDS documentation and are recognized under Irish law.
Central Bank Act 1942 (as amended): Establishes regulatory framework for financial institutions in Ireland, including their participation in derivative transactions.
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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