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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."
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
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
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
Banking
Financial Services
Insurance
Investment Management
Securities Trading
Corporate Treasury
Asset Management
Derivatives Trading
Capital Markets
Risk Management
Legal
Treasury
Risk Management
Compliance
Trading
Operations
Finance
Credit Risk
Regulatory Affairs
Documentation
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
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