The Bank Repurchase Agreement is a critical financial instrument used in the Austrian market for short-term secured lending between financial institutions. It enables parties to enter into transactions where securities are sold with a simultaneous commitment to repurchase equivalent securities at a future date for a specified price. This agreement, governed by Austrian law, incorporates requirements from the Austrian Banking Act (BWG), Securities Supervision Act (WAG 2018), and relevant EU regulations. It is particularly useful for liquidity management, securities financing, and collateralized borrowing operations. The document includes comprehensive provisions for margin maintenance, income payments, default scenarios, and close-out netting, while ensuring compliance with Austrian regulatory requirements and market practices.
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1. Parties: Identification of the parties entering into the agreement
2. Background: Context of the agreement and brief description of the repo transaction structure
3. Definitions: Definitions of key terms used throughout the agreement
4. Sale and Purchase: Terms of the initial sale of securities from seller to buyer
5. Repurchase: Terms of the forward repurchase commitment
6. Income Payments: Treatment of income on purchased securities during the repo period
7. Margin Maintenance: Provisions for marking to market and margin transfers
8. Payment and Transfer: Mechanics of payments and securities transfers
9. Representations and Warranties: Standard and transaction-specific representations by both parties
10. Events of Default: Definition of default events and consequences
11. Close-out and Netting: Provisions for early termination and netting of obligations
12. Tax Provisions: Treatment of taxes and tax-related obligations
13. Notices: Communication requirements and contact details
14. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction provisions
15. General Provisions: Standard boilerplate clauses including amendments, assignments, etc.
1. Agency Provisions: Required when either party acts as agent for third parties
2. Buy/Sell Back Transactions: Include when parties want to allow for buy/sell back transactions
3. Foreign Exchange Risk: Required when securities and cash are in different currencies
4. Electronic Trading: Include when transactions may be conducted through electronic platforms
5. Force Majeure: Optional provisions for extraordinary events affecting performance
6. Custody Arrangements: Required when third-party custodians are involved
1. Schedule 1 - Form of Confirmation: Standard form for confirming individual repo transactions
2. Schedule 2 - Eligible Securities: List and characteristics of securities eligible for repo transactions
3. Schedule 3 - Margin Ratios: Specific margin ratios applicable to different types of securities
4. Schedule 4 - Address for Notices: Detailed contact information for both parties
5. Schedule 5 - Operating Procedures: Detailed procedures for executing and settling transactions
6. Appendix A - Standard Market Practices: Reference to applicable market conventions and practices
7. Appendix B - Forms of Power of Attorney: Standard forms for powers of attorney if required
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Investment Management
Insurance
Securities Trading
Asset Management
Capital Markets
Treasury Services
Pension Fund Management
Financial Technology
Relevant Teams
Treasury
Trading
Legal
Risk Management
Compliance
Operations
Settlement
Documentation
Credit Risk
Regulatory Reporting
Collateral Management
Portfolio Management
Trading Operations
Financial Control
Market Risk
Relevant Roles
Treasury Manager
Repo Trader
Securities Operations Manager
Legal Counsel
Risk Manager
Compliance Officer
Portfolio Manager
Fixed Income Trader
Collateral Manager
Trading Operations Manager
Financial Controller
Settlement Officer
Documentation Specialist
Credit Risk Officer
Regulatory Reporting Officer
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