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Title Transfer Collateral Agreement
"I need a Title Transfer Collateral Agreement under Dutch law for a bilateral arrangement between our investment bank and a pension fund, with specific provisions for government bonds and listed equities as eligible collateral, to be implemented by March 2025."
1. Parties: Identification of the transferor and transferee, including their legal status and registered addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the collateral arrangement
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation
4. Title Transfer: Core provisions establishing the title transfer mechanism and confirmation that transactions constitute a transfer of ownership
5. Collateral Requirements: Specifications of eligible collateral, initial margin requirements, and minimum transfer amounts
6. Transfer and Delivery Obligations: Procedures and timing for transfer of collateral, including delivery methods and settlement requirements
7. Substitution and Return: Rights and procedures for substituting collateral and conditions for return of equivalent collateral
8. Valuation and Calculations: Methods for valuing collateral, calculation of exposure, and margin requirements
9. Rights and Obligations: General rights and obligations of both parties, including representations and warranties
10. Events of Default: Definition of default events and consequences thereof
11. Close-out and Set-off: Procedures for early termination and netting arrangements
12. Tax Provisions: Treatment of tax obligations and gross-up requirements
13. Notices: Communication procedures and contact details
14. Governing Law and Jurisdiction: Choice of Dutch law and jurisdiction provisions
1. Custody Arrangements: Required when involving third-party custodians for holding collateral
2. Income Payments: Needed when addressing manufactured dividends or interest payments on collateral
3. Dispute Resolution: Alternative dispute resolution procedures, if parties prefer alternatives to court proceedings
4. Special Asset Provisions: Required when dealing with specific types of financial instruments or non-standard collateral
5. Regulatory Compliance: Additional provisions required for regulated entities or specific regulatory requirements
6. Multiple Currency Provisions: Required when collateral can be provided in different currencies
7. Force Majeure: Optional provisions for handling extraordinary events affecting performance
1. Schedule 1 - Eligible Collateral: Detailed list of acceptable collateral types and any applicable haircuts
2. Schedule 2 - Valuation Procedures: Detailed methodology for valuing different types of collateral
3. Schedule 3 - Operating Procedures: Operational details including cut-off times, delivery instructions, and contact details
4. Schedule 4 - Form of Transfer Notices: Standard forms for collateral transfer, substitution, and return notices
5. Schedule 5 - Authorized Persons: List of authorized signatories and personnel for each party
6. Appendix A - Collateral Management Details: Account details, settlement instructions, and operational contact information
7. Appendix B - Initial Margin Requirements: Specific initial margin requirements and calculation methodologies
Authors
Banking
Financial Services
Investment Management
Insurance
Asset Management
Securities Trading
Corporate Treasury
Pension Fund Management
Investment Banking
Commodities Trading
Legal
Risk Management
Treasury
Collateral Management
Trading Operations
Compliance
Financial Control
Securities Operations
Documentation
Credit Risk
Portfolio Management
Trading
Operations
Legal Counsel
Risk Manager
Treasury Manager
Collateral Manager
Trading Operations Manager
Compliance Officer
Financial Controller
Securities Operations Officer
Legal Documentation Specialist
Credit Risk Officer
Portfolio Manager
Trading Manager
Operations Director
Chief Legal Officer
Chief Risk Officer
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