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Credit Support Agreement Template for Switzerland

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Key Requirements PROMPT example:

Credit Support Agreement

"I need a Credit Support Agreement under Swiss law for a bilateral arrangement between our investment fund and a major Swiss bank, specifically covering equity securities as collateral with rehypothecation rights and daily valuation requirements."

Document background
The Credit Support Agreement is essential in Swiss financial markets for managing counterparty credit risk in various financial transactions. It is typically used in conjunction with master trading agreements or standalone financial arrangements where parties need to establish a formal collateral relationship. The document becomes particularly relevant in the context of Switzerland's role as a major financial center, where sophisticated financial institutions and corporate entities regularly engage in collateralized trading activities. The agreement must comply with Swiss financial regulations, including FINMA requirements and the Federal Act on Financial Market Infrastructures, while also considering international best practices. It provides detailed mechanisms for calculating exposure, managing collateral transfers, and handling default scenarios, all within the framework of Swiss law.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including their legal names, addresses, and registration details

2. Background: Context of the agreement, reference to any master agreement, and purpose of the credit support arrangement

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

4. Credit Support Obligations: Core obligations regarding the provision of credit support, including transfer timing and conditions

5. Valuation and Calculations: Methods for calculating exposure, collateral value, and margin requirements

6. Transfer Timing and Conditions: Specific requirements for when and how collateral transfers must occur

7. Custody and Maintenance: Requirements for holding and maintaining posted collateral

8. Rights and Obligations: Detailed rights and obligations of each party regarding the collateral

9. Substitution and Return: Provisions for substituting collateral and conditions for its return

10. Events of Default: Definition of default events and their consequences

11. Representations and Warranties: Standard and specific representations made by each party

12. Tax Provisions: Treatment of taxes related to collateral and transfers

13. Termination and Close-out: Provisions for terminating the agreement and settling obligations

14. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction provisions

Optional Sections

1. Eligible Credit Support: Detailed specifications of what constitutes eligible collateral - include if parties want to limit collateral types

2. Independent Amounts: Additional credit support requirements beyond exposure calculations - include if required by credit assessment

3. Dispute Resolution: Specific procedures for resolving disputes - include if standard jurisdiction provisions are insufficient

4. Agency Provisions: Provisions dealing with agency relationships - include if any party acts as agent

5. Additional Representation Rights: Special voting or corporate action rights - include for securities collateral

6. Rehypothecation Rights: Rights to reuse posted collateral - include if rehypothecation is permitted

7. Third Party Security Providers: Provisions for third party security providers - include if collateral comes from third parties

Suggested Schedules

1. Schedule 1 - Eligible Credit Support: Detailed list of acceptable types of collateral and any applicable haircuts

2. Schedule 2 - Valuation Percentages: Specific percentages applied to different types of collateral for valuation purposes

3. Schedule 3 - Credit Support Details: Specific thresholds, minimum transfer amounts, and other numerical parameters

4. Schedule 4 - Notification Details: Contact information and procedures for notifications and transfers

5. Schedule 5 - Bank Accounts: Details of accounts for cash collateral and payment instructions

6. Appendix A - Forms of Notice: Standard forms for transfer notices and demands

7. Appendix B - Custody Arrangements: Detailed procedures for custody of non-cash collateral

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions







































Clauses






























Relevant Industries

Banking

Financial Services

Investment Management

Insurance

Asset Management

Corporate Treasury

Commodities Trading

Securities Trading

Pension Management

Private Banking

Relevant Teams

Legal

Compliance

Risk Management

Treasury

Trading Operations

Financial Control

Credit Risk

Portfolio Management

Transaction Management

Securities Operations

Relevant Roles

Legal Counsel

Compliance Officer

Risk Manager

Treasury Manager

Collateral Manager

Trading Operations Manager

Financial Controller

Credit Risk Officer

Portfolio Manager

Transaction Manager

Chief Financial Officer

Head of Trading

Securities Operations Manager

Legal Director

Risk Control Officer

Industries








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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