Sell Buy Back Agreement Template for Ireland

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Key Requirements PROMPT example:

Sell Buy Back Agreement

"I need a Sell Buy Back Agreement under Irish law for a transaction between our bank and a major investment firm, with a focus on government bonds as the underlying securities and specific provisions for daily margin maintenance requirements."

Document background
The Sell Buy Back Agreement is a crucial financial instrument used in Irish and European markets for liquidity management and short-term financing. It enables one party to sell securities to another party while simultaneously agreeing to repurchase them at a future date for a predetermined price. This document type is particularly relevant when parties need to structure temporary transfers of securities while ensuring compliance with Irish financial regulations, including the European Union (Financial Collateral Arrangements) Regulations 2010 and relevant Central Bank of Ireland requirements. The agreement is commonly used by financial institutions, investment firms, and banks for various purposes including liquidity management, financing, and securities lending arrangements. It includes comprehensive provisions for pricing, margin maintenance, default scenarios, and regulatory compliance, making it suitable for sophisticated financial transactions in the Irish market.
Suggested Sections

1. Parties: Identification of the seller and buyer, including full legal names and addresses

2. Background: Context of the agreement and brief description of the transaction structure

3. Definitions and Interpretation: Definitions of key terms and interpretation rules used throughout the agreement

4. Sale and Repurchase Obligations: Core obligations regarding the initial sale and subsequent repurchase of securities

5. Purchase Price and Pricing: Determination of initial purchase price and repurchase price, including pricing formulas

6. Payment and Transfer: Mechanics for payment and transfer of securities, including settlement procedures

7. Margin Maintenance: Requirements for maintaining margin, including valuation and margin calls

8. Income Payments: Treatment of income on the securities during the transaction period

9. Tax Provisions: Handling of tax matters, including gross-up provisions and tax representations

10. Representations and Warranties: Standard and transaction-specific representations and warranties

11. Events of Default: Definition of events of default and their consequences

12. Close-out and Set-off: Procedures for early termination and calculation of close-out amounts

13. Notices: Requirements for giving notices under the agreement

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

Optional Sections

1. Intermediary Provisions: Required when transactions are conducted through intermediaries or custodians

2. Agency Provisions: Required when either party acts as agent for undisclosed principals

3. Additional Tax Provisions: Required for cross-border transactions or specific tax structures

4. Regulatory Compliance: Required when specific regulatory requirements need detailed coverage

5. Credit Support Provisions: Required when additional credit support arrangements are needed

6. Electronic Trading: Required when transactions will be executed through electronic platforms

7. Force Majeure: Optional provisions for handling extraordinary events affecting performance

Suggested Schedules

1. Schedule 1 - Form of Transaction Notice: Standard form for confirming individual transactions

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

3. Schedule 3 - Pricing Models: Detailed pricing formulas and calculations

4. Schedule 4 - Margin Percentages: Table of applicable margin percentages for different security types

5. Schedule 5 - Contact Details: Contact information for notices and operations

6. Appendix A - Standard Settlement Instructions: Payment and securities settlement instructions

7. Appendix B - Form of Power of Attorney: Standard form for any required powers of attorney

8. Appendix C - Tax Documentation: Required tax forms and certificates

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

Investment Management

Securities Trading

Asset Management

Capital Markets

Fund Management

Treasury Services

Investment Banking

Relevant Teams

Legal

Treasury

Risk Management

Compliance

Trading

Operations

Settlement

Documentation

Credit Risk

Collateral Management

Portfolio Management

Financial Control

Relevant Roles

Treasury Manager

Risk Manager

Legal Counsel

Compliance Officer

Securities Trading Manager

Portfolio Manager

Operations Manager

Financial Controller

Investment Director

Credit Risk Officer

Collateral Manager

Trading Desk Manager

Settlement 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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