The Collateral Management Agreement is essential for financial institutions and organizations engaging in secured lending, derivatives trading, or other transactions requiring collateral arrangements in Ireland. This agreement establishes the legal and operational framework for managing financial collateral, ensuring compliance with Irish and EU regulations, including the European Union (Financial Collateral Arrangements) Regulations 2010 and MiFID II requirements. It details the appointment of a collateral manager, their duties in monitoring, valuing, and managing collateral, reporting obligations, and operational procedures. The document is crucial for risk management and regulatory compliance, particularly in contexts involving financial institutions, investment firms, and asset managers operating under Irish jurisdiction.
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1. Parties: Identifies the contracting parties and their roles (e.g., Collateral Manager, Client, Custodian)
2. Background: Sets out the context of the agreement and the parties' intentions regarding the collateral management services
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles
4. Appointment and Authority: Establishes the appointment of the collateral manager and scope of authority
5. Services and Obligations: Details the core collateral management services to be provided
6. Eligible Collateral: Specifies types of acceptable collateral and related criteria
7. Valuation and Margin: Sets out principles for valuation of collateral and margin calculations
8. Instructions and Communications: Establishes procedures for giving and receiving instructions
9. Segregation and Custody: Details requirements for segregation of collateral and custody arrangements
10. Fees and Expenses: Specifies fees payable and expense reimbursement terms
11. Representations and Warranties: Contains standard and specific representations and warranties
12. Liability and Indemnification: Sets out liability limitations and indemnification obligations
13. Events of Default: Defines events triggering default and consequences
14. Termination: Specifies termination events and procedures
15. Confidentiality: Contains confidentiality obligations and permitted disclosures
16. Notices: Specifies procedures for formal notices between parties
17. Governing Law and Jurisdiction: Establishes Irish law as governing law and jurisdiction for disputes
18. General Provisions: Contains standard boilerplate provisions
1. Additional Services: Used when parties agree to additional services beyond standard collateral management
2. Third-Party Service Providers: Required when external service providers are involved in the collateral management process
3. Regulatory Reporting: Included when specific regulatory reporting obligations need to be allocated between parties
4. Data Protection: Required when personal data processing is involved, ensuring GDPR compliance
5. Force Majeure: Optional section detailing force majeure events and consequences
6. Tax Provisions: Required when specific tax considerations need to be addressed
7. Anti-Money Laundering: Included when specific AML obligations need to be detailed
8. Electronic Services: Used when electronic platforms or services are part of the arrangement
1. Service Level Agreement: Details specific service levels, response times, and performance metrics
2. Fee Schedule: Details of fees, charges, and calculation methodologies
3. Eligible Collateral Schedule: Detailed list of acceptable collateral types and associated haircuts
4. Operating Procedures: Detailed operational procedures and workflows
5. Form of Notices: Standard forms for various notices under the agreement
6. Authorized Persons: List of authorized signatories and their authority levels
7. Contact Details: Contact information for key personnel and departments
8. Form of Reports: Templates for required reporting formats
9. Systems and Security Requirements: Technical specifications for systems access and security protocols
10. Account Details: Details of relevant accounts for collateral movements
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Investment Management
Insurance
Asset Management
Capital Markets
Securities Services
Treasury Services
Hedge Funds
Pension Funds
Relevant Teams
Legal
Risk Management
Compliance
Operations
Treasury
Portfolio Management
Credit Risk
Securities Operations
Client Relations
Regulatory Affairs
Relevant Roles
Collateral Manager
Risk Manager
Compliance Officer
Legal Counsel
Operations Manager
Treasury Manager
Portfolio Manager
Credit Risk Officer
Securities Operations Officer
Relationship Manager
Chief Risk Officer
Head of Collateral Management
Legal Director
Regulatory Compliance Manager
Operations Director
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