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Cash Collateral Agreement

Cash Collateral Agreement Template for Pakistan

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Key Requirements PROMPT example:

Cash Collateral Agreement

"I need a Cash Collateral Agreement for a bilateral arrangement between ABC Bank Limited as collateral taker and XYZ Manufacturing Limited as collateral provider, with collateral amount of PKR 50 million to secure a trade finance facility."

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Document background
The Cash Collateral Agreement is essential in Pakistani financial transactions where cash security is required to support financial obligations. It is commonly used in banking, lending, and trading relationships to provide security for various financial obligations. The agreement must comply with Pakistani legal requirements, including the Contract Act 1872, Banking Companies Ordinance 1962, and relevant State Bank of Pakistan regulations. It typically includes detailed provisions for collateral calculation, maintenance requirements, enforcement mechanisms, and regulatory compliance measures. This document is particularly important in the Pakistani context where financial institutions require robust security arrangements and clear enforcement mechanisms, while ensuring compliance with both conventional and Islamic banking principles where applicable.
Suggested Sections

1. Parties: Identification of the collateral provider and collateral taker, including full legal names and addresses

2. Background: Context of the agreement, including reference to any underlying obligations being secured

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

4. Collateral Provision: Details of the cash collateral amount, currency, and method of provision

5. Maintenance of Collateral: Requirements for maintaining collateral levels, including top-up provisions

6. Rights and Obligations: Core obligations of both parties regarding the collateral

7. Use and Control of Collateral: Terms governing how the collateral may be used and who controls it

8. Security Interest: Creation and perfection of security interest over the cash collateral

9. Events of Default: Circumstances constituting default and consequences

10. Enforcement Rights: Rights and procedures for enforcing security over the collateral

11. Representations and Warranties: Standard declarations by both parties

12. Regulatory Compliance: Compliance with applicable Pakistani laws and regulations

13. Notices: Communication procedures between parties

14. Governing Law and Jurisdiction: Specification of Pakistani law and jurisdiction

15. General Provisions: Standard boilerplate clauses including amendments, assignments, severability

Optional Sections

1. Interest/Profit: Terms regarding any interest or profit sharing on the cash collateral - used when parties agree to interest/profit arrangements

2. Currency Provisions: Provisions dealing with currency conversion and exchange rates - required for cross-border arrangements

3. Tax Provisions: Handling of tax implications - needed when tax considerations are relevant to the arrangement

4. Multiple Obligations: Provisions for allocation of collateral across different obligations - used when collateral secures multiple obligations

5. Account Bank Provisions: Terms relating to the bank holding the collateral - relevant when a third-party bank is involved

6. Islamic Finance Provisions: Specific provisions ensuring Shariah compliance - used when required by the parties

7. Set-off Rights: Additional set-off provisions - included when parties agree to broader set-off rights

8. Agent Provisions: Terms governing the role of any agents - needed in multi-party arrangements

Suggested Schedules

1. Schedule 1 - Collateral Account Details: Specific details of the account(s) where cash collateral will be held

2. Schedule 2 - Authorized Signatories: List of persons authorized to give instructions regarding the collateral

3. Schedule 3 - Form of Notices: Standard forms for various notices under the agreement

4. Schedule 4 - Collateral Calculation Method: Detailed methodology for calculating required collateral amounts

5. Schedule 5 - Operating Procedures: Detailed procedures for collateral transfers and maintenance

6. Appendix A - Compliance Documents: List of required regulatory compliance documents

7. Appendix B - Recording and Registration Requirements: Details of any recording or registration requirements under Pakistani law

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
Account Bank
Additional Collateral
Applicable Law
Authorized Person
Banking Day
Cash Collateral
Cash Collateral Account
Collateral Maintenance Level
Collateral Provider
Collateral Taker
Default Interest Rate
Default Notice
Enforcement Event
Enforcement Notice
Event of Default
Excess Collateral
Financial Indebtedness
Governmental Authority
Interest Period
Liability
Minimum Transfer Amount
Notice of Drawing
Obligations
Pakistani Rupees
Permitted Security Interest
Rating Downgrade
Regulatory Requirement
Required Collateral Value
Security
Security Documents
Security Interest
Security Period
State Bank
Secured Obligations
Secured Party
Security Provider
Top-up Amount
Transaction Documents
Transfer Date
Valuation Date
Withdrawal Notice
Clauses
Definitions
Interpretation
Security Creation
Collateral Provision
Collateral Maintenance
Account Operation
Rights and Obligations
Representations and Warranties
Covenants
Events of Default
Enforcement
Set-off
Payment Mechanics
Currency Provisions
Tax Provisions
Costs and Expenses
Indemnification
Assignment and Transfer
Confidentiality
Notices
Amendments
Severability
Counterparts
Force Majeure
Regulatory Compliance
Governing Law
Jurisdiction
Dispute Resolution
Entire Agreement
Waiver
Further Assurance
Relevant Industries

Banking

Financial Services

Insurance

Trading and Commerce

Investment Banking

Corporate Finance

Islamic Banking

Asset Management

Securities Trading

Industrial Manufacturing

Real Estate

Infrastructure Development

Energy

Telecommunications

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Credit

Corporate Banking

Islamic Banking

Operations

Security and Collateral Management

Transaction Management

Company Secretarial

Relevant Roles

Chief Financial Officer

Treasury Manager

Legal Counsel

Compliance Officer

Risk Manager

Financial Controller

Credit Manager

Banking Relationship Manager

Security Trustee

Collateral Manager

Islamic Banking Officer

Corporate Finance Manager

Transaction Manager

Legal Director

Head of Credit

Chief Risk Officer

Finance Director

Company Secretary

Industries
Contract Act 1872: Fundamental law governing contract formation, validity, and enforcement in Pakistan. It provides the basic framework for creating legally binding agreements.
Banking Companies Ordinance 1962: Regulates banking operations including handling of collateral and security arrangements by banking companies in Pakistan.
Financial Institutions (Recovery of Finances) Ordinance 2001: Governs the recovery of finance and enforcement of security interests by financial institutions in Pakistan.
State Bank of Pakistan Act 1956: Provides regulatory framework for banking operations and monetary transactions, including requirements for cash collateral arrangements.
Registration Act 1908: Governs the registration of documents and security interests, which may be relevant for certain types of cash collateral arrangements.
Foreign Exchange Regulation Act 1947: Regulates foreign exchange transactions and cross-border security arrangements, relevant if the agreement involves international parties.
Banker's Books Evidence Act 1891: Relevant for maintaining records of cash collateral and their admissibility as evidence in legal proceedings.
Anti-Money Laundering Act 2010: Ensures cash collateral arrangements comply with anti-money laundering requirements and reporting obligations.
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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