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Collateral Substitute Exchange Agreement for the United Kingdom

Collateral Substitute Exchange Agreement Template for England and Wales

A Collateral Substitute Exchange Agreement under English and Welsh law is a legally binding document that establishes the framework for substituting one form of collateral for another while maintaining the same security interest. It details the criteria for acceptable substitute collateral, valuation methodologies, and procedural requirements for executing the substitution. The agreement ensures compliance with UK financial regulations, particularly the Financial Collateral Arrangements (No. 2) Regulations 2003, and provides certainty regarding the parties' rights and obligations in the substitution process.

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What is a Collateral Substitute Exchange Agreement?

The Collateral Substitute Exchange Agreement is used when parties to an existing collateral arrangement wish to substitute the original collateral with alternative security. This document is particularly relevant in financial markets where parties need flexibility to manage their collateral efficiently while maintaining appropriate security levels. Under English and Welsh law, this agreement ensures compliance with regulatory requirements while providing a clear framework for the substitution process. The agreement typically includes detailed provisions on valuation mechanisms, eligibility criteria for substitute collateral, and operational procedures for executing the substitution.

What sections should be included in a Collateral Substitute Exchange Agreement?

1. Parties: Identification of contracting parties and their details

2. Background: Context of the agreement and existing arrangements

3. Definitions: Key terms used throughout the agreement

4. Substitution Rights: Terms and conditions for collateral substitution

5. Substitute Collateral Requirements: Criteria for acceptable substitute collateral

6. Valuation Methodology: Methods for valuing original and substitute collateral

7. Process and Timing: Procedural requirements for substitution

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

9. Governing Law and Jurisdiction: Applicable law and dispute resolution forum

What sections are optional to include in a Collateral Substitute Exchange Agreement?

1. Credit Support Provisions: Additional credit support arrangements - include when parties require additional credit support mechanisms

2. Custodian Provisions: Terms relating to third-party custodian - include when collateral is held by a custodian

3. Default and Remedies: Specific events of default and remedies - include when parties want specific default provisions beyond standard terms

What schedules should be included in a Collateral Substitute Exchange Agreement?

1. Schedule of Eligible Collateral: List of acceptable types of substitute collateral

2. Valuation Procedures: Detailed procedures for valuation calculations

3. Form of Substitution Notice: Standard form for requesting substitution

4. Contact Details: Administrative and operational contact information

5. Original Collateral Schedule: Details of existing collateral arrangements

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

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Security Agreement

Cost

Free to use
Relevant legal definitions


































Clauses

























Industries

Financial Collateral Arrangements (No. 2) Regulations 2003: Implements EU Directive 2002/47/EC on financial collateral arrangements. Governs creation and enforcement of security over financial collateral and defines eligible types of financial collateral.

Financial Services and Markets Act 2000 (FSMA): Provides regulatory framework for financial services, including requirements for regulated activities and client money and assets rules.

Companies Act 2006: Covers requirements for company charges and security interests, corporate authority and capacity, and registration requirements.

Law of Property Act 1925: Sets out general principles of property law and requirements for creation of security interests.

Financial Markets and Insolvency Regulations 1999: Provides protection of collateral arrangements in insolvency scenarios.

European Market Infrastructure Regulation (EMIR): Specifies requirements for derivative transactions, including margin and collateral requirements.

UK Insolvency Act 1986: Governs the impact of insolvency on security arrangements and close-out netting provisions.

Common Law Principles: Encompasses principles regarding contract formation, assignment, set-off rights, and equity principles in English law.

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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