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Margin Agreement

Margin Agreement Template for Netherlands

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Key Requirements PROMPT example:

Margin Agreement

"I need a Dutch law Margin Agreement between our investment bank and a local pension fund, with standard collateral requirements and basic margin calculation provisions to be effective from March 2025."

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Document background
This Margin Agreement template is designed for use in financial transactions under Dutch law where parties need to establish formal arrangements for posting and maintaining collateral. It is particularly relevant in the context of derivatives trading, securities lending, and other financial transactions requiring collateral support. The agreement incorporates requirements from Dutch civil law, the Financial Collateral Directive (2002/47/EC), and European Market Infrastructure Regulation (EMIR), making it suitable for both Dutch domestic and cross-border transactions. The document includes comprehensive provisions for margin calculations, eligible collateral, operational procedures, and enforcement rights, ensuring compliance with Dutch financial supervision laws and regulatory requirements.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Margin Requirements: Core obligations regarding posting and maintaining margin

5. Calculation and Valuation: Methods for calculating margin requirements and valuing collateral

6. Eligible Collateral: Types of acceptable collateral and their treatment

7. Margin Calls and Transfers: Procedures for making and responding to margin calls

8. Substitution and Return: Rules for substituting and returning collateral

9. Events of Default: Circumstances constituting default and consequences

10. Set-off Rights: Rights of set-off and netting provisions

11. Representations and Warranties: Standard legal representations and warranties

12. Covenants: Ongoing obligations of the parties

13. Termination: Termination events and procedures

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

Optional Sections

1. Security Interest: Additional security interest provisions when required for specific collateral types

2. Tax Provisions: Specific tax-related provisions when dealing with international parties

3. Regulatory Compliance: Additional regulatory compliance sections when dealing with regulated entities

4. Multiple Currency Provisions: Provisions for handling multiple currencies in margin calculations

5. Dispute Resolution: Alternative dispute resolution procedures if preferred over standard jurisdiction

6. Agent Provisions: Required when one party acts through an agent

7. Third Party Rights: Provisions regarding rights of third parties when relevant

Suggested Schedules

1. Contact Details: Operational contact information for both parties

2. Eligible Collateral Schedule: Detailed list of acceptable collateral types and haircuts

3. Margin Calculation Methodology: Technical details of margin calculation procedures

4. Form of Margin Call Notice: Standard format for margin call notifications

5. Account Details: Securities and cash account information for transfers

6. Valuation Procedures: Detailed procedures for valuing different types of collateral

7. Credit Support Amount: Specific thresholds and minimum transfer amounts

8. Additional Jurisdictional Requirements: Any specific Dutch law requirements or disclaimers

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Adjustment Date
Aggregate Collateral Value
Applicable Law
Business Day
Calculation Agent
Calculation Date
Cash Collateral
Close-out Amount
Collateral
Collateral Account
Collateral Provider
Collateral Receiver
Collateral Transfer
Credit Support Amount
Default Interest
Delivery Date
Eligible Collateral
Eligible Currency
Enforcement Event
Event of Default
Exposure
Financial Collateral
Haircut
Independent Amount
Interest Period
Interest Rate
Margin Call
Margin Period of Risk
Margin Requirement
Market Value
Minimum Transfer Amount
Net Exposure
Notification Time
Posted Collateral
Recalculation Date
Reference Price
Required Margin
Return Amount
Securities Collateral
Set-off Rights
Settlement Day
Threshold Amount
Transfer Date
Valuation Agent
Valuation Date
Valuation Percentage
Valuation Time
Relevant Industries

Financial Services

Banking

Investment Management

Insurance

Asset Management

Corporate Treasury

Securities Trading

Derivatives Trading

Pension Fund Management

Risk Management

Relevant Teams

Legal

Treasury

Risk Management

Compliance

Financial Control

Trading Operations

Collateral Management

Legal Operations

Regulatory Affairs

Credit Risk

Securities Operations

Finance

Trading

Relevant Roles

Legal Counsel

Treasury Manager

Risk Manager

Compliance Officer

Financial Controller

Trading Operations Manager

Collateral Manager

Legal Operations Manager

Regulatory Compliance Manager

Credit Risk Officer

Securities Operations Manager

Financial Director

General Counsel

Trading Desk Manager

Industries
Dutch Civil Code (Burgerlijk Wetboek): Primary source of Dutch private law, particularly Book 7 on specific agreements and Book 3 on property law and security rights
Financial Collateral Directive (2002/47/EC) as implemented in Dutch law: Regulates financial collateral arrangements and provides framework for margin requirements in the Netherlands
Dutch Financial Supervision Act (Wet op het financieel toezicht - Wft): Main financial regulatory framework in the Netherlands, governing financial institutions and their obligations regarding margin requirements
EMIR (European Market Infrastructure Regulation): EU regulation governing derivatives, central counterparties, and trade repositories, including margin requirements for non-cleared derivatives
Dutch Bankruptcy Act (Faillissementswet): Governs insolvency proceedings and the treatment of collateral and margin in case of default
MiFID II / MiFIR as implemented in Dutch law: Regulations governing financial instruments and trading, including requirements for margin trading and investor protection
Basel III Standards as implemented in Dutch law: International banking standards affecting collateral and margin requirements for financial institutions
Dutch Money Laundering and Terrorist Financing Prevention Act (Wwft): Anti-money laundering regulations that may affect client onboarding and margin 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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