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Margin Agreement

Margin Agreement Template for Denmark

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Margin Agreement

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Document background
The Margin Agreement is a critical document used in financial transactions under Danish law to manage counterparty credit risk through collateral arrangements. It becomes necessary when parties engage in trading relationships that require regular posting and maintenance of margin collateral, particularly in derivatives trading, securities lending, and other financial transactions. The agreement addresses key aspects such as calculation methods, eligible collateral, transfer mechanics, and default scenarios, while ensuring compliance with Danish financial regulations and relevant EU directives. This document is essential for financial institutions operating in Denmark and must align with requirements set forth in the Danish Capital Markets Act, Financial Business Act, and other applicable legislation.
Suggested Sections

1. Parties: Identification of the contracting parties and their legal status

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Comprehensive definitions of terms used throughout the agreement

4. Margin Requirement: Core obligations regarding margin calculation and maintenance

5. Calculation and Valuation: Methodology for calculating exposure and collateral values

6. Transfer and Settlement: Procedures and timing for margin calls and transfers

7. Eligible Collateral: Types of acceptable collateral and their treatment

8. Interest and Distributions: Treatment of interest, dividends, and other distributions on posted collateral

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

10. Close-out and Set-off: Procedures for termination and netting

11. Representations and Warranties: Standard legal assurances from both parties

12. Governing Law and Jurisdiction: Choice of Danish law and jurisdiction provisions

13. Notices: Communication procedures and contact details

14. General Provisions: Standard boilerplate clauses including amendments, assignments, etc.

Optional Sections

1. Minimum Transfer Amount: Optional section specifying minimum transfer amounts, used when parties want to avoid operational burden of small transfers

2. Independent Amount: Additional margin requirements beyond exposure calculations, used for higher-risk counterparties

3. Custody Arrangements: Specific provisions for third-party custodian arrangements, used when parties agree to use a custodian

4. Dispute Resolution: Detailed dispute resolution procedures, used when parties want specific resolution mechanisms beyond court proceedings

5. Regulatory Compliance: Specific regulatory requirements, used when parties are subject to particular regulatory regimes

6. Cross-Product Netting: Provisions for netting across multiple agreements, used when parties have multiple trading relationships

Suggested Schedules

1. Schedule 1 - Contact Details: Operational and legal contact information for both parties

2. Schedule 2 - Eligible Collateral Schedule: Detailed list of acceptable collateral types and associated haircuts

3. Schedule 3 - Valuation Percentages: Specific haircuts and valuation methodologies for different types of collateral

4. Schedule 4 - Forms of Notice: Standard forms for margin calls, transfers, and other notices

5. Schedule 5 - Account Details: Banking and securities account information for collateral transfers

6. Appendix A - Agreed Methodology: Detailed calculation methodologies for exposure and collateral valuation

7. Appendix B - Legal Opinions: Required legal opinions confirming enforceability of the agreement

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