The Title Transfer Collateral Agreement (TTCA) is a crucial document in financial transactions under Austrian law, used when parties wish to transfer ownership of financial collateral to secure obligations. It is commonly utilized in financial markets for derivatives trading, securities lending, and repo transactions. The agreement must comply with the Austrian Financial Collateral Act and EU regulations, making it suitable for both domestic Austrian transactions and cross-border arrangements where Austrian law governs. The document includes detailed provisions for the transfer mechanism, collateral valuation, margin maintenance, and enforcement rights, reflecting both Austrian legal requirements and international market standards. This type of agreement is particularly important for financial institutions managing their credit risk and regulatory capital requirements.
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1. Parties: Identification of the collateral provider and collateral taker, including their legal status and capacity
2. Background: Context of the agreement and relationship between the parties
3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including Austrian law-specific concepts
4. Title Transfer: Core provisions establishing the transfer of title to collateral, including the nature of the transfer under Austrian law
5. Delivery and Maintenance of Collateral: Procedures for delivering initial collateral and maintaining collateral levels
6. Substitution and Return: Rights and procedures for substituting collateral and conditions for its return
7. Valuation: Methods and timing for valuing collateral assets
8. Income and Distributions: Treatment of income, dividends, or other distributions on collateral assets
9. Events of Default: Definition of default events and consequences
10. Enforcement: Rights and procedures following an event of default
11. Representations and Warranties: Standard and Austrian law-specific representations regarding capacity, ownership, and authority
12. Tax: Treatment of taxes related to collateral transfers and income
13. Notices: Communication procedures between parties
14. Governing Law and Jurisdiction: Confirmation of Austrian law governance and jurisdiction provisions
1. Master Agreement Relationship: Required when the TTCA is connected to a master agreement, defining the relationship between the agreements
2. Cross-border Provisions: Required when parties are in different jurisdictions, addressing conflict of laws and additional regulatory requirements
3. Special Asset Provisions: Required when specific types of assets (e.g., registered securities) are used as collateral
4. Currency Provisions: Required when collateral may be denominated in multiple currencies
5. Set-off Rights: Optional provisions for additional set-off rights beyond statutory provisions
6. Electronic Trading and Systems: Required when parties use electronic systems for collateral transfers
1. Eligible Collateral Schedule: Defines types of assets acceptable as collateral and any applicable haircuts
2. Valuation Procedures: Detailed procedures for valuing different types of collateral assets
3. Operating Procedures: Detailed procedures for collateral transfers, substitutions, and communications
4. Forms and Notices: Standard forms for collateral transfers, substitution notices, and other communications
5. Contact Details: List of authorized personnel and contact information for both parties
6. Initial Collateral Schedule: Description of initial collateral to be transferred under the agreement
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Investment Management
Insurance
Asset Management
Corporate Treasury
Pension Fund Management
Securities Trading
Investment Banking
Wealth Management
Relevant Teams
Legal
Collateral Management
Risk Management
Compliance
Treasury
Trading Operations
Financial Control
Credit Risk
Securities Operations
Legal Operations
Regulatory Compliance
Trading
Portfolio Management
Transaction Management
Documentation
Relevant Roles
Legal Counsel
Collateral Manager
Risk Manager
Compliance Officer
Treasury Manager
Trading Operations Manager
Financial Controller
Credit Risk Officer
Securities Operations Manager
Legal Operations Manager
Regulatory Compliance Manager
Trading Desk Manager
Portfolio Manager
Transaction Manager
Documentation Specialist
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