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Repurchase Agreement

Repurchase Agreement Template for South Africa

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Key Requirements PROMPT example:

Repurchase Agreement

"I need a South African law Repurchase Agreement between ABC Bank and XYZ Investment Fund, with provisions for multiple securities substitutions and an electronic trading platform integration, to be effective from March 1, 2025."

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Document background
The Repurchase Agreement is a critical document used in South African financial markets for short-term secured lending transactions, where securities are sold with an agreement to repurchase them at a future date. It serves as a key money market instrument, providing liquidity management tools for financial institutions while offering security through collateralization. The agreement must comply with South African financial sector regulations, including the Financial Markets Act, Banks Act, and Financial Sector Regulation Act. It typically includes detailed provisions for pricing, margin maintenance, default scenarios, and operational procedures for securities transfer. This document is essential for financial institutions engaging in repo transactions within the South African market and must incorporate specific local regulatory requirements and market practices.
Suggested Sections

1. Parties: Identification of the seller and buyer entering into the repurchase agreement

2. Background: Context of the agreement and brief description of the repo transaction structure

3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation

4. Purchase and Sale: Core provisions regarding the initial sale and agreement to repurchase securities

5. Pricing and Payment Terms: Details of purchase price, repurchase price, and pricing calculations

6. Transfer of Securities: Mechanics and timing of securities transfer for both sale and repurchase

7. Margin Maintenance: Requirements for maintaining margin and marking to market

8. Income Payments: Treatment of income on the securities during the repo period

9. Events of Default: Definition of default events and consequences

10. Close-out and Set-off: Procedures for early termination and netting arrangements

11. Representations and Warranties: Standard and transaction-specific representations by both parties

12. Tax Provisions: Treatment of taxes and gross-up obligations

13. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

Optional Sections

1. Agency Provisions: Required when one party acts through an agent or in case of tri-party repos

2. Custodian Arrangements: Needed when a third-party custodian is involved in holding securities

3. Buy-in Procedures: Optional provisions for buying in securities in case of delivery failure

4. Securities Substitution: Provisions allowing for substitution of securities during the repo term

5. Electronic Trading Platform: Required when transactions are executed through an electronic platform

6. Mini Close-out: Optional provisions for dealing with partial delivery failures

7. Force Majeure: Optional detailed provisions for market disruption events

8. Regulatory Compliance: Additional compliance provisions required for specific regulatory regimes

Suggested Schedules

1. Schedule 1 - Securities Description: Detailed description of eligible securities and specific securities subject to the agreement

2. Schedule 2 - Pricing Terms: Detailed pricing calculations, margins, and haircuts

3. Schedule 3 - Form of Confirmation: Template for transaction confirmations

4. Schedule 4 - Margin Calculations: Methodology for calculating and maintaining margins

5. Schedule 5 - Contact Details: Contact information for notices and operational matters

6. Appendix A - Standard Settlement Instructions: Details of accounts and settlement procedures

7. Appendix B - Forms of Notices: Standard forms for various notices under the agreement

8. Appendix C - Eligible Securities Criteria: Criteria for securities that can be used in repos under the agreement

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions

























































Clauses
































Relevant Industries

Financial Services

Banking

Investment Management

Securities Trading

Asset Management

Treasury Services

Insurance

Pension Fund Management

Financial Market Infrastructure

Corporate Finance

Relevant Teams

Legal

Treasury

Trading

Risk Management

Compliance

Operations

Settlement

Portfolio Management

Collateral Management

Documentation

Financial Control

Regulatory Reporting

Middle Office

Front Office

Back Office

Relevant Roles

Treasury Manager

Legal Counsel

Financial Markets Trader

Risk Manager

Compliance Officer

Securities Operations Manager

Portfolio Manager

Fixed Income Specialist

Collateral Manager

Documentation Specialist

Settlement Officer

Financial Controller

Head of Trading

Legal Documentation Manager

Regulatory Reporting 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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