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Clearing Agreement
"I need a Clearing Agreement for our Nigerian investment bank to act as a clearing member for local securities trading, with standard margin requirements and default procedures in line with CSCS regulations."
1. Parties: Identification of the clearing member/house and the client
2. Background: Context of the agreement and relationship between parties
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Scope of Services: Detailed description of clearing services to be provided
5. Membership Requirements: Ongoing requirements for maintaining clearing relationship
6. Client Obligations: Responsibilities and obligations of the client
7. Clearing Member Obligations: Responsibilities and obligations of the clearing member
8. Margin Requirements: Details of initial and variation margin requirements
9. Payment and Settlement: Procedures for payment and settlement of transactions
10. Default Procedures: Actions to be taken in event of default by either party
11. Risk Management: Risk management procedures and requirements
12. Fees and Charges: Structure and payment of clearing fees and other charges
13. Representations and Warranties: Standard legal representations by both parties
14. Confidentiality: Obligations regarding confidential information
15. Term and Termination: Duration of agreement and termination provisions
16. Governing Law and Jurisdiction: Specification of Nigerian law and jurisdiction
17. General Provisions: Standard boilerplate clauses
1. Segregation of Accounts: Optional section for agreements requiring separate client account structures
2. Cross-Border Provisions: Required when clearing involves international transactions
3. Electronic Trading Systems: Needed when specific electronic trading platforms are used
4. Sub-clearing Arrangements: Required when allowing for sub-clearing relationships
5. Special Market Requirements: Needed for specific market segments (e.g., derivatives, securities)
6. Insurance Requirements: Optional section specifying additional insurance requirements
7. Data Protection: Required when handling personal data or when dealing with international clients
1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees and charges
2. Schedule 2 - Eligible Products: List of products/securities eligible for clearing
3. Schedule 3 - Margin Calculation Methodology: Detailed explanation of margin calculation
4. Schedule 4 - Operating Procedures: Detailed operational procedures and timelines
5. Schedule 5 - Required Documentation: List of required documentation and forms
6. Schedule 6 - Contact Details: Key contacts for both parties
7. Appendix A - Risk Disclosure Statement: Standard risk disclosures required by Nigerian regulations
8. Appendix B - Default Fund Contribution: Details of default fund contributions if applicable
Authors
Business Day
CBN
Clearing
Clearing House
Clearing Member
Clearing System
Client
Client Account
Collateral
Confidential Information
CSCS
Default Event
Default Fund
Default Procedures
Eligible Clearing Product
Event of Default
Force Majeure
Governing Law
Initial Margin
Margin
Margin Call
Market Rules
Member Default
Nigerian Stock Exchange
NSE
Position
Regulatory Authority
SEC
Securities
Settlement
Settlement Account
Settlement Bank
Settlement Date
Settlement Period
Trading Account
Trading Day
Trading Member
Transaction
Variation Margin
Membership Requirements
Services
Client Obligations
Clearing Member Obligations
Margin Requirements
Settlement
Payment
Default
Risk Management
Fees and Charges
Representations and Warranties
Confidentiality
Data Protection
Force Majeure
Term
Termination
Suspension
Liability and Indemnification
Assignment and Transfer
Notices
Amendment
Waiver
Severability
Entire Agreement
Governing Law
Dispute Resolution
Counterparts
Regulatory Compliance
Account Management
Reporting Requirements
Record Keeping
Security Interest
Sub-clearing
Electronic Trading
Business Continuity
Anti-Money Laundering
Sanctions Compliance
Financial Services
Banking
Securities Trading
Investment Banking
Asset Management
Capital Markets
Financial Technology
Commodities Trading
Insurance
Pension Fund Management
Legal
Compliance
Risk Management
Operations
Trading
Settlement
Treasury
Finance
Regulatory Affairs
Business Development
Chief Operating Officer
Head of Clearing
Compliance Officer
Risk Manager
Legal Counsel
Operations Manager
Settlement Officer
Trading Manager
Chief Risk Officer
Head of Operations
Regulatory Compliance Manager
Treasury Manager
Financial Controller
Head of Legal
Business Development Manager
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