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Cash Collateral Agreement

Cash Collateral Agreement Template for South Africa

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Key Requirements PROMPT example:

Cash Collateral Agreement

"Need a Cash Collateral Agreement under South African law for a renewable energy project financing between ABC Bank Limited and XYZ Renewables (Pty) Ltd, with the collateral amount of R50 million to be held in a designated account with quarterly interest payments."

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Document background
The Cash Collateral Agreement is a critical legal document used in South African financial transactions where one party provides cash as security for obligations owed to another party. This document is essential in various contexts, including lending arrangements, trading relationships, and financial market transactions. The agreement must comply with South African legislation, particularly the Financial Markets Act No. 19 of 2012, Banks Act No. 94 of 1990, and related financial regulations. It establishes the framework for the provision, maintenance, and enforcement of cash collateral, including specific requirements for perfection of security interests under South African law. The document is particularly relevant in the context of financial institution relationships, corporate finance transactions, and structured finance arrangements where cash collateral is a key security component.
Suggested Sections

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

2. Background: Context of the agreement, including reference to any underlying obligations or related agreements

3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including specific South African legal terminology

4. Grant of Security Interest: Legal provisions establishing the security interest over the cash collateral

5. Perfection and Control: Requirements for perfecting the security interest and maintaining control over the collateral

6. Collateral Maintenance: Obligations regarding maintaining required collateral levels, including top-up and return provisions

7. Rights and Obligations: Detailed rights and obligations of both parties regarding the collateral

8. Representations and Warranties: Standard and specific representations regarding authority, ownership, and capacity

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

10. Enforcement: Rights and procedures for enforcing security interest upon default

11. Payments and Calculations: Provisions regarding interest, fees, and calculation methodologies

12. Tax: Treatment of taxes and withholding requirements

13. Notices: Communication requirements and contact details

14. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and amendments

Optional Sections

1. Set-off Rights: Additional rights of set-off, used when parties have multiple dealings

2. Currency Provisions: Required when collateral may be held in multiple currencies

3. Investment and Reinvestment: Used when parties agree to investment of cash collateral

4. Substitution Rights: Include when collateral provider has right to substitute collateral

5. intermediary Provisions: Required when a third-party custodian or bank is involved

6. Regulatory Compliance: Specific provisions for regulated entities or transactions

7. Credit Support: Additional credit support arrangements if applicable

Suggested Schedules

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

2. Schedule 2 - Collateral Amount and Threshold: Specific amounts, thresholds, and calculation methodologies

3. Schedule 3 - Authorized Representatives: List of authorized persons who can act on behalf of each party

4. Schedule 4 - Notice Details: Detailed contact information for notices

5. Schedule 5 - Form of Transfer Instructions: Standard forms for collateral transfers

6. Appendix A - Compliance Documents: Required FICA and other compliance documentation

7. Appendix B - Operating Procedures: Detailed procedures for collateral movements and maintenance

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
Applicable Law
Business Day
Cash Collateral
Cash Collateral Account
Collateral Rights
Collateral Value
Control
Credit Support Amount
Default Interest Rate
Delivery Date
Designated Account
Effective Date
Eligible Collateral
Encumbrance
Event of Default
Exposure
Financial Markets Act
FICA
Interest Period
Interest Rate
Margin Call
Minimum Transfer Amount
Notice of Default
Obligations
Parties
Permitted Investments
Posted Collateral
Rand
Rating Agency
Regulatory Event
Required Amount
Security Interest
Settlement Date
Specified Currency
Threshold Amount
Transfer
Transfer Date
Valuation Date
Valuation Percentage
Valuation Time
Clauses
Security Interest Creation
Collateral Maintenance
Perfection Requirements
Transfer of Collateral
Interest and Payments
Events of Default
Enforcement Rights
Set-off Rights
Currency Provisions
Tax Provisions
Representations and Warranties
Covenants
Indemnification
Confidentiality
Assignment and Transfer
Governing Law
Jurisdiction
Notices
Amendment
Severability
Force Majeure
Entire Agreement
Counterparts
Waiver
Further Assurance
Costs and Expenses
Termination
Regulatory Compliance
Anti-Money Laundering
Dispute Resolution
Relevant Industries

Banking

Financial Services

Insurance

Investment Management

Private Equity

Asset Management

Corporate Finance

Real Estate

Mining

Infrastructure

Energy

Telecommunications

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Operations

Credit

Corporate Finance

Transaction Management

Client Relations

Collateral Management

Relevant Roles

Legal Counsel

Finance Manager

Treasury Manager

Risk Manager

Compliance Officer

Financial Director

Corporate Lawyer

Banking Lawyer

Transaction Manager

Security Trustee

Collateral Manager

Credit Risk Officer

Operations Manager

Account Manager

Relationship Manager

Industries
Financial Markets Act No. 19 of 2012: Regulates financial markets, securities transactions, and provides framework for collateral arrangements in financial markets. Particularly relevant for the enforceability of security arrangements.
Banks Act No. 94 of 1990: Governs banking institutions and their operations, including requirements for handling client funds and collateral arrangements.
National Credit Act No. 34 of 2005: Regulates credit agreements and consumer credit. Relevant for understanding credit-related provisions and consumer protection in collateral arrangements.
Insolvency Act No. 24 of 1936: Critical for understanding the treatment of collateral in the event of insolvency, including priority rights and enforcement mechanisms.
Financial Intelligence Centre Act No. 38 of 2001: Ensures compliance with anti-money laundering requirements in financial transactions, including verification of parties and source of funds.
Consumer Protection Act No. 68 of 2008: May be applicable if one party is a consumer, providing additional protections and requirements for consumer transactions.
Companies Act No. 71 of 2008: Relevant when parties are companies, governing corporate capacity and authority to enter into collateral arrangements.
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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