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Master Netting Agreement Template for South Africa

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Key Requirements PROMPT example:

Master Netting Agreement

"I need a Master Netting Agreement under South African law for use between our bank and multiple asset management firms, with specific provisions for derivatives trading and enhanced credit support requirements, to be implemented by March 2025."

Document background
The Master Netting Agreement is essential for financial institutions and corporations operating in South Africa who engage in multiple financial transactions with the same counterparty. This agreement type is particularly crucial in the South African financial markets context, where it provides legal certainty for netting arrangements under the Financial Markets Act and related legislation. The document establishes the framework for combining multiple transactions into a single net obligation, reducing credit risk and capital requirements. It typically includes provisions for close-out netting, which becomes especially important in default scenarios, and covers various financial instruments including derivatives, securities lending, and repurchase agreements. The agreement must comply with South African banking and insolvency laws to ensure enforceability.
Suggested Sections

1. Parties: Identification of the contracting parties and their legal capacity

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Comprehensive definitions of terms used throughout the agreement

4. Scope of Agreement: Specification of transactions covered by the netting arrangement

5. Single Agreement: Clause establishing all transactions as part of a single agreement

6. Netting Provisions: Core provisions detailing how netting will operate

7. Events of Default: Definition of default events triggering close-out netting

8. Close-out and Settlement: Procedures for termination and settlement calculation

9. Set-off Rights: Rights to set off amounts owed between parties

10. Representations and Warranties: Standard and specific representations by both parties

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

12. Notices: Communication procedures between parties

13. General Provisions: Miscellaneous legal and operational provisions

Optional Sections

1. Credit Support Arrangements: Used when parties agree to provide collateral or other credit support

2. Multi-branch Provisions: Required when parties operate through multiple offices or branches

3. Special Entity Provisions: Additional provisions for regulated entities or special counterparties

4. Tax Provisions: Specific tax-related provisions if significant cross-border activity

5. Electronic Trading Provisions: Required when parties engage in electronic trading

6. Force Majeure: Specific provisions for handling force majeure events

7. Regulatory Compliance: Additional provisions to comply with specific regulatory requirements

Suggested Schedules

1. Schedule 1 - Transaction Types: List and details of covered transaction types

2. Schedule 2 - Office Details: Details of relevant offices and branches

3. Schedule 3 - Settlement Instructions: Payment and settlement procedures and account details

4. Schedule 4 - Credit Support Terms: Detailed terms for any credit support arrangements

5. Schedule 5 - Form of Confirmation: Template for transaction confirmations

6. Appendix A - Standard Terms: Standard terms and conditions for specific transaction types

7. Appendix B - Close-out Amount Calculations: Methodology for calculating close-out amounts

8. Appendix C - Contact Details: List of authorized personnel and contact information

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



















































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Relevant Industries

Banking

Financial Services

Insurance

Investment Management

Securities Trading

Corporate Treasury

Asset Management

Derivatives Trading

Capital Markets

Risk Management

Relevant Teams

Legal

Treasury

Risk Management

Compliance

Trading

Operations

Finance

Credit Risk

Regulatory Affairs

Documentation

Relevant Roles

Treasury Manager

Risk Manager

Legal Counsel

Compliance Officer

Trading Manager

Financial Controller

Credit Risk Officer

Operations Manager

Chief Financial Officer

Legal Director

Head of Trading

Head of Treasury

Regulatory Compliance Manager

Senior Legal Advisor

Portfolio Manager

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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