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Master Repurchase Agreement
"Need a Master Repurchase Agreement under South African law for our bank's treasury department to trade government bonds with local pension funds, with specific provisions for electronic trading and same-day settlement to be implemented by March 2025."
1. Parties: Identification of the contracting parties and their legal capacity
2. Background: Context of the agreement and general purpose of entering into repurchase transactions
3. Definitions: Comprehensive definitions of terms used throughout the agreement
4. Scope and Application: Outline of transactions covered and application of the agreement
5. Initiation and Confirmation: Process for initiating transactions and confirmation requirements
6. Purchase Price and Pricing Rate: Calculation and determination of purchase prices and pricing rates
7. Income Payments: Treatment of income on purchased securities during the transaction
8. Margin Maintenance: Margin calculation, calls, and transfer procedures
9. Payment and Transfer: Mechanics of payments and securities transfers
10. Representations and Warranties: Standard representations and warranties from both parties
11. Events of Default: Definition of default events and consequences
12. Close-out and Set-off: Procedures for closing out transactions and netting arrangements
13. Tax Provisions: Treatment of taxes and tax-related obligations
14. General Provisions: Standard contractual provisions including notices, amendments, and assignments
15. Governing Law and Jurisdiction: South African law as governing law and jurisdiction for disputes
1. Agency Trading: Include when parties may act as agents for undisclosed principals
2. Buy/Sell Back Transactions: Include when parties intend to enter into buy/sell back transactions
3. Gilts and Sub-Custodians: Include when dealing with government securities and custody arrangements
4. Electronic Trading: Include when transactions will be conducted through electronic platforms
5. Mini Close-Out: Include when parties want the option for partial close-out of transactions
6. Forward Transactions: Include when forward-dated repos will be traded
7. Security Interest: Include when outright transfer of title needs to be supplemented with security interest provisions
1. Schedule 1 - Form of Confirmation: Standard form for transaction confirmations
2. Schedule 2 - Additional Terms and Conditions: Jurisdiction-specific terms and modifications for South African law
3. Schedule 3 - Eligible Securities: List and characteristics of securities eligible for transactions
4. Schedule 4 - Margin Ratios and Thresholds: Specific margin ratios and threshold amounts for different security types
5. Schedule 5 - Contact Details: Contact information for notices and margin calls
6. Appendix A - Electronic Messaging: Procedures and requirements for electronic communications
7. Appendix B - Tax Documentation: Required tax forms and declarations
8. Appendix C - Settlement Instructions: Standard settlement and payment instructions
Authors
Additional Margin
Adjusted Value
Affiliate
Agreement
Applicable Rate
Appropriate Market
Base Currency
Business Day
Buy/Sell Back Transaction
Cash Margin
Close-out Amount
Confirmation
Default Market Value
Default Notice
Defaulting Party
Distribution
Dividend
Early Termination Date
Eligible Margin
Equivalent Margin Securities
Equivalent Securities
Event of Default
Financial Instrument
Forward Transaction
Income
Income Payment Date
JSE
Margin Ratio
Margin Securities
Margin Transfer
Market Value
Master Agreement
Net Exposure
Net Margin
Non-Defaulting Party
Notice of Default
Pricing Rate
Purchase Date
Purchase Price
Purchased Securities
Receiver
Repurchase Date
Repurchase Price
SARB
Securities
Settlement Date
South African Business Day
Spot Rate
System
Tax
Term
Transaction
Transaction Exposure
Transfer Date
Valuation Date
Valuation Percentage
ZAR
Interpretation
Transaction Initiation
Purchase and Sale
Payment and Transfer
Margin Maintenance
Income Payments
Substitution
Representations and Warranties
Events of Default
Close-out and Set-off
Tax
Interest
Netting
Securities Transfers
Risk and Title
Agency Provisions
Notices
Assignment and Transfer
Electronic Communications
Force Majeure
Costs and Expenses
Amendments
Termination
Confidentiality
Data Protection
Anti-Money Laundering
Regulatory Compliance
Dispute Resolution
Governing Law and Jurisdiction
Severability
Entire Agreement
Calculation Agent
Confirmations
Recording
Third Party Rights
Financial Services
Banking
Investment Management
Insurance
Securities Trading
Asset Management
Treasury Services
Public Sector Finance
Corporate Finance
Capital Markets
Legal
Treasury
Risk Management
Compliance
Trading
Operations
Finance
Credit
Settlements
Portfolio Management
Documentation
Front Office
Middle Office
Back Office
Treasury Manager
Chief Financial Officer
Legal Counsel
Compliance Officer
Risk Manager
Trading Manager
Portfolio Manager
Securities Operations Manager
Financial Controller
Investment Director
Repo Trader
Settlements Manager
Credit Risk Officer
Legal Director
Treasury Operations Manager
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