Reinsurance Security Agreement Template for Malaysia

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Key Requirements PROMPT example:

Reinsurance Security Agreement

"I need a Reinsurance Security Agreement under Malaysian law for a life insurance company providing security to multiple reinsurers, with specific provisions for cryptocurrency as acceptable collateral and quarterly valuation requirements."

Document background
The Reinsurance Security Agreement is a crucial document used in the Malaysian insurance market when a reinsured entity requires collateral security from its reinsurer to secure the reinsurer's obligations. This requirement typically arises from regulatory requirements, credit rating considerations, or risk management policies. The agreement, governed by Malaysian law and regulated by Bank Negara Malaysia, provides detailed mechanisms for establishing, maintaining, and enforcing security arrangements. It includes specific provisions for acceptable types of collateral, valuation methods, top-up requirements, and enforcement rights. The document is essential for compliance with Malaysian regulatory requirements and ensures the reinsured has adequate security to cover potential claims or obligations under the reinsurance arrangement.
Suggested Sections

1. Parties: Identification of the reinsured, reinsurer, and any security trustee or custodian involved in the agreement

2. Background: Context of the reinsurance relationship and purpose of the security agreement

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

4. Security Creation: Provisions establishing the security interest and specifying the assets subject to security

5. Collateral Requirements: Details of required collateral amounts, types of acceptable collateral, and valuation methods

6. Maintenance of Security: Obligations regarding maintaining, topping up, or reducing collateral based on agreed triggers

7. Rights and Obligations: Specific rights and obligations of each party regarding the security arrangement

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

9. Enforcement: Procedures and rights for enforcing security upon trigger events

10. Representations and Warranties: Standard and specific representations and warranties from each party

11. Covenants: Ongoing obligations and restrictions on parties

12. Costs and Expenses: Allocation of costs related to maintaining and enforcing the security arrangement

13. Notices: Communication procedures and contact details

14. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes

15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

Optional Sections

1. Security Trustee Provisions: Required when a security trustee is appointed to hold collateral on behalf of the reinsured

2. Currency Provisions: Needed when security is provided in multiple currencies or currency conversion is required

3. Tax Provisions: Detailed tax clauses required when security arrangements have significant tax implications

4. Multiple Beneficiaries: Required when security is shared among multiple reinsureds

5. Investment Guidelines: Needed when collateral includes investment securities requiring specific management

6. Rating Trigger Events: Include when security requirements are linked to credit rating changes

7. Regulatory Compliance: Detailed compliance provisions when parties are subject to specific regulatory requirements

Suggested Schedules

1. Schedule 1 - Secured Reinsurance Agreements: List and details of underlying reinsurance agreements covered by the security arrangement

2. Schedule 2 - Collateral Specifications: Detailed requirements for acceptable collateral including types, ratings, and haircuts

3. Schedule 3 - Valuation Methodology: Detailed procedures for valuing collateral and calculating required amounts

4. Schedule 4 - Form of Notices: Standard forms for various notices required under the agreement

5. Schedule 5 - Security Account Details: Specifications of security accounts and custodian arrangements

6. Appendix A - Calculation of Security Amount: Formulae and procedures for calculating required security amounts

7. Appendix B - Reporting Requirements: Templates and procedures for regular reporting on security status

8. Appendix C - Operating Procedures: Detailed procedures for day-to-day operation of the security arrangement

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
Relevant Industries

Insurance

Reinsurance

Financial Services

Banking

Risk Management

Corporate Finance

Asset Management

Relevant Teams

Legal

Compliance

Risk Management

Reinsurance

Treasury

Operations

Finance

Underwriting

Regulatory Affairs

Portfolio Management

Relevant Roles

Chief Risk Officer

Head of Reinsurance

Legal Counsel

Compliance Officer

Treasury Manager

Collateral Manager

Reinsurance Manager

Chief Financial Officer

Risk Manager

Operations Director

Underwriting Manager

Insurance Manager

Portfolio Manager

Security Trustee Officer

Regulatory Affairs Director

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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