Repurchase Agreement

Repurchase Agreement Template for Switzerland

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Key Requirements PROMPT example:

"I need a Swiss law Repurchase Agreement between our investment bank and a pension fund, including specific provisions for equity securities as collateral and electronic trading functionality."

Document background

The Repurchase Agreement serves as the primary legal document governing repo transactions between financial institutions in Switzerland. It is used when parties wish to enter into secured financing arrangements through the temporary transfer of securities, with a commitment to repurchase them at a future date. The document incorporates Swiss regulatory requirements, particularly those under FMIA/FinfraG and the Banking Act, while also considering international market practices. It includes detailed provisions for transfer of securities, pricing, margin maintenance, default scenarios, and close-out procedures. This agreement is essential for liquidity management, secured funding, and securities financing transactions in the Swiss financial markets.

Suggested Sections

1. Parties: Identification of the parties entering into the agreement

2. Background: Context of the agreement and general purpose of the repo transaction

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Purchase and Repurchase Obligations: Core provisions regarding the sale and repurchase of securities

5. Pricing and Payment Terms: Purchase price, repurchase price, and pricing calculations

6. Transfer of Securities: Mechanics and timing of securities transfers

7. Margin Maintenance: Requirements for maintaining collateral margin and margin calls

8. Income Payments: Treatment of income on transferred securities

9. Representations and Warranties: Standard representations and warranties of the parties

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

11. Close-out and Netting: Provisions for termination and calculation of net amounts

12. Tax Provisions: Treatment of taxes and tax-related obligations

13. General Provisions: Standard boilerplate clauses including notices, amendments, etc.

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

Optional Sections

1. Agency Provisions: Required when one party acts as agent for multiple principals

2. Buy/Sell Back Annex: Include when transactions may be structured as buy/sell back trades

3. Additional Terms for Specific Securities: Required when dealing with special types of securities (e.g., equity securities)

4. Electronic Trading Provisions: Include when transactions will be executed through electronic platforms

5. Force Majeure: Optional provisions for extraordinary events affecting performance

6. Special Custody Arrangements: Required when using non-standard custody arrangements

7. Central Bank Provisions: Include when one party is a central bank or transactions involve central bank facilities

Suggested Schedules

1. Schedule 1 - Form of Confirmation: Standard form for confirming individual transactions

2. Schedule 2 - Eligible Securities: List and characteristics of securities eligible for repo transactions

3. Schedule 3 - Margin Calculations: Detailed methodology for calculating margins and haircuts

4. Schedule 4 - Operating Procedures: Operational details including cut-off times and settlement instructions

5. Schedule 5 - Contact Details: Contact information for notices and operations

6. Schedule 6 - Forms of Power of Attorney: Standard forms for any required powers of attorney

7. Appendix A - Swiss Law Addendum: Specific provisions required under Swiss law

8. Appendix B - Tax Documentation: Required tax forms and documentation

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Financial Services

Banking

Securities Trading

Asset Management

Insurance

Investment Management

Treasury Services

Financial Market Infrastructure

Capital Markets

Risk Management

Relevant Teams

Legal

Trading

Securities Operations

Risk Management

Compliance

Treasury

Portfolio Management

Collateral Management

Securities Lending

Documentation

Financial Control

Operations

Relevant Roles

Legal Counsel

Repo Trader

Securities Operations Manager

Risk Manager

Compliance Officer

Treasury Manager

Portfolio Manager

Collateral Manager

Securities Lending Officer

Trading Documentation Specialist

Financial Controller

Operations Director

Legal Documentation Manager

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Authors

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