The Master Repurchase Agreement serves as the primary contractual framework for repurchase transactions in the Malaysian financial markets. It is essential for financial institutions engaging in repo transactions, providing a standardized approach to documenting these arrangements while ensuring compliance with Malaysian regulatory requirements, particularly those set by Bank Negara Malaysia. The agreement is designed to accommodate both conventional and Islamic financial institutions, reflecting Malaysia's dual banking system. It includes comprehensive provisions for transaction execution, risk management, default scenarios, and close-out procedures, while incorporating local market practices and regulatory requirements. This document is particularly crucial for liquidity management, securities financing, and monetary policy operations within the Malaysian financial system.
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1. Parties: Identification of the contracting parties including registration details and principal places of business
2. Background: Context of the agreement and relationship between the parties
3. Definitions and Interpretation: Comprehensive definitions of terms used in the agreement and rules of interpretation
4. Scope and Application: Overview of the types of transactions covered and their application
5. Initiation and Confirmation: Procedures for initiating transactions and confirmation requirements
6. Purchase and Resale Obligations: Core obligations regarding the purchase and resale of securities
7. Margin Maintenance: Requirements and procedures for margin calculations and transfers
8. Income Payments: Treatment of income on purchased securities during the transaction
9. Payment and Transfer: Mechanics of payments and securities transfers
10. Events of Default: Definition of default events and consequences
11. Termination and Close-out: Procedures for termination and calculation of close-out amounts
12. Tax Provisions: Treatment of taxes and tax-related obligations
13. Representations and Warranties: Standard and transaction-specific representations
14. Covenants: Ongoing obligations of the parties
15. Governing Law and Jurisdiction: Choice of Malaysian law and jurisdiction provisions
16. Notices: Communication procedures and contact details
17. Miscellaneous: Standard boilerplate provisions including amendments, waivers, and severability
1. Islamic Finance Provisions: Additional provisions for Shariah-compliant repo transactions, required when either party requires Islamic finance compliance
2. Agency Provisions: Additional provisions when parties act as agents, needed when transactions involve agency relationships
3. Buy/Sell Back Transactions: Specific provisions for buy/sell back transactions, included when parties wish to enter into such transactions
4. Foreign Exchange Provisions: Additional provisions for cross-currency repos, needed when transactions involve multiple currencies
5. Electronic Trading Provisions: Provisions governing electronic trading platforms, required when parties use electronic systems
6. Custody Arrangements: Additional provisions for third-party custody arrangements, needed when using external custodians
1. Schedule 1 - Form of Confirmation: Standard form for transaction confirmations
2. Schedule 2 - Eligible Securities: List and characteristics of securities eligible for repo transactions
3. Schedule 3 - Margin Calculations: Detailed methodology for calculating margin requirements
4. Schedule 4 - Contact Details: Administrative and operational contact information
5. Schedule 5 - Market Practice: Specific Malaysian market practices and requirements
6. Schedule 6 - Agency Terms: Terms applicable to agency transactions
7. Appendix A - Standard Terms and Conditions: Detailed terms and conditions applicable to all transactions
8. Appendix B - Tax Requirements: Specific Malaysian tax documentation and requirements
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Investment Management
Securities Trading
Insurance
Islamic Finance
Asset Management
Treasury Services
Public Sector Finance
Corporate Finance
Relevant Teams
Legal
Compliance
Risk Management
Treasury
Trading
Operations
Finance
Investment
Shariah Advisory
Settlements
Credit
Fixed Income
Documentation
Middle Office
Regulatory Reporting
Relevant Roles
Treasury Manager
Legal Counsel
Compliance Officer
Risk Manager
Trading Manager
Operations Manager
Financial Controller
Investment Manager
Shariah Compliance Officer
Portfolio Manager
Securities Operations Officer
Chief Financial Officer
Head of Fixed Income
Settlements Manager
Credit Risk Officer
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