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Master Netting Agreement Template for Malaysia

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Key Requirements PROMPT example:

Master Netting Agreement

"I need a Master Netting Agreement under Malaysian law for use between our investment bank and multiple local financial institutions, with specific provisions for Islamic finance products and cross-border transactions with Singapore."

Document background
The Master Netting Agreement is essential for parties engaging in multiple financial transactions in Malaysia who wish to reduce their credit risk exposure through netting arrangements. This document is specifically designed to comply with Malaysian legal requirements, particularly the Netting of Financial Agreements Act 2015 and related financial services legislation. It provides a legally enforceable framework for payment netting and close-out netting, crucial for risk management in financial transactions. The agreement is particularly relevant for financial institutions, banks, and corporations operating in Malaysia's financial markets, covering various financial instruments including derivatives, securities transactions, and Islamic financial products. It includes provisions for both conventional and Shariah-compliant transactions, reflecting Malaysia's dual financial system.
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 and Interpretation: Comprehensive definitions of terms used and rules of interpretation

4. Scope of Agreement: Coverage of transactions and obligations subject to netting

5. Netting Arrangements: Mechanics of payment netting and close-out netting

6. Calculations and Valuations: Methods for calculating netted amounts and determining market values

7. Events of Default: Circumstances constituting default and their consequences

8. Early Termination: Procedures and consequences of early termination

9. Set-off Rights: Rights to set off obligations against other amounts due

10. Representations and Warranties: Standard and specific representations by each party

11. Governing Law and Jurisdiction: Choice of Malaysian law and jurisdiction provisions

Optional Sections

1. Credit Support Arrangements: Optional provisions for collateral and margin requirements

2. Tax Provisions: Specific tax-related provisions if parties are subject to different tax regimes

3. Multiple Branches: Additional provisions for parties operating through multiple branches

4. Electronic Trading: Provisions for electronic execution of transactions

5. Islamic Finance Provisions: Specific provisions for Shariah-compliant transactions in Malaysian context

Suggested Schedules

1. Schedule 1 - Party Details: Detailed information about parties including contact details and account information

2. Schedule 2 - Covered Transactions: List and descriptions of transaction types covered by the agreement

3. Schedule 3 - Calculation Methods: Detailed methodologies for calculations and valuations

4. Schedule 4 - Form of Confirmation: Standard form for confirming individual transactions

5. Schedule 5 - Credit Support Documents: Forms and details of any credit support arrangements

6. Appendix A - Standard Terms: Standard terms and conditions applicable to all transactions

7. Appendix B - Local Law Requirements: Specific requirements under Malaysian law

Authors

Alex Denne

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

Relevant legal definitions







































Clauses






























Relevant Industries

Banking

Financial Services

Investment Management

Securities Trading

Insurance

Islamic Finance

Corporate Treasury

Asset Management

Capital Markets

Relevant Teams

Legal

Treasury

Risk Management

Compliance

Finance

Trading

Settlement

Islamic Finance

Operations

Credit Risk

Regulatory Affairs

Relevant Roles

Chief Financial Officer

Treasury Manager

Risk Management Officer

Legal Counsel

Compliance Officer

Financial Controller

Trading Manager

Investment Manager

General Counsel

Head of Treasury

Senior Legal Manager

Chief Risk Officer

Islamic Finance Manager

Derivatives Trader

Settlement Officer

Industries






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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