The Margin Agreement is essential for parties engaging in trading activities under German law, particularly in derivatives and securities transactions. It sets out the framework for managing counterparty credit risk through collateral arrangements, ensuring compliance with German regulatory requirements and EU regulations. The document details specific procedures for margin calculation, eligible collateral, transfer mechanisms, and dispute resolution. This agreement is particularly crucial given the increased regulatory focus on risk management in financial markets, with specific requirements stemming from German banking regulations, the German Civil Code (BGB), and EU directives like EMIR. The Margin Agreement includes provisions for both initial and variation margin where applicable, and incorporates German law-specific concepts and requirements.
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1. Parties: Identification of the contracting parties and their legal status
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Key terms used throughout the agreement, including specific German law concepts
4. Margin Obligations: Core obligations regarding posting of initial and variation margin
5. Calculation and Timing: Methods and timing for calculating margin requirements
6. Eligible Collateral: Types of acceptable collateral and their valuation methods
7. Transfer and Settlement: Procedures for transferring collateral and settlement mechanisms
8. Interest and Distributions: Treatment of interest, dividends, and other distributions on posted collateral
9. Events of Default: Circumstances constituting default and consequential rights
10. Dispute Resolution: Procedures for resolving disputes under German law
11. Representations and Warranties: Standard legal declarations by both parties
12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Segregation Requirements: Additional provisions for segregated accounts when dealing with certain counterparty types
2. Third Party Custodian: Provisions for when collateral is held by a third-party custodian
3. Cross-Currency Provisions: Special provisions for handling multiple currencies in margin calculations
4. Regulatory Compliance: Specific provisions to comply with additional regulatory requirements for certain entity types
5. Initial Margin Specific Terms: Additional terms specifically for initial margin when required by regulations
6. Special Settlement Provisions: Additional settlement terms for specific types of collateral or jurisdictions
1. Schedule 1 - Eligible Collateral Table: Detailed list of acceptable collateral types and associated haircuts
2. Schedule 2 - Margin Calculation Methodology: Detailed methodology for calculating margin requirements
3. Schedule 3 - Notice Details: Contact information and communication procedures
4. Schedule 4 - Account Details: Securities and cash account information for margin transfers
5. Appendix A - Form of Transfer Notice: Standard form for margin call notices
6. Appendix B - Valuation Procedures: Detailed procedures for valuing posted collateral
7. Appendix C - Dispute Resolution Procedures: Detailed procedures for handling margin disputes
8. Appendix D - Operating Procedures: Day-to-day operational procedures and requirements
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Investment Management
Insurance
Securities Trading
Asset Management
Capital Markets
Derivatives Trading
Wealth Management
Investment Banking
Relevant Teams
Legal
Risk Management
Compliance
Trading Operations
Collateral Management
Treasury
Finance
Trading
Portfolio Management
Credit Risk
Regulatory Reporting
Operations
Documentation
Relevant Roles
Legal Counsel
Risk Manager
Compliance Officer
Trading Operations Manager
Collateral Manager
Treasury Manager
Finance Director
Head of Trading
Portfolio Manager
Credit Risk Officer
Regulatory Reporting Officer
Operations Director
Chief Risk Officer
Legal Director
Head of Derivatives
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