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Reverse Repurchase Agreement Template for South Africa

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Key Requirements PROMPT example:

Reverse Repurchase Agreement

"I need a standard Reverse Repurchase Agreement under South African law for use between our bank and multiple pension fund clients, with flexible margin maintenance provisions and the ability to substitute securities."

Document background
This Reverse Repurchase Agreement template is designed for use in South African financial markets transactions, where parties seek to enter into securities financing arrangements. The document is particularly relevant when financial institutions need to manage their liquidity positions or when seeking short-term funding arrangements backed by securities. It incorporates requirements from the Financial Markets Act 2012, Banks Act 1990, and other relevant South African legislation. The agreement covers essential elements including securities transfer, pricing mechanisms, margin maintenance, and default provisions, while ensuring compliance with South African Reserve Bank requirements and market practices. It's typically used in professional financial markets transactions and includes necessary safeguards for both parties.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including their registration details and addresses

2. Background: Context of the agreement and brief explanation of a reverse repurchase transaction

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

4. Purchase and Sale: Core transaction terms including the agreement to sell and repurchase securities

5. Price and Payment Terms: Purchase price, repurchase price, pricing calculations, and payment mechanisms

6. Transfer of Securities: Procedures and requirements for the transfer of securities between parties

7. Margin Maintenance: Requirements for maintaining margin, including margin calls and transfers

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

9. Rights of Substitution: Terms under which securities may be substituted during the transaction

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

11. Remedies: Available remedies in case of default or breach

12. Representations and Warranties: Standard representations and warranties from both parties

13. Tax Provisions: Treatment of taxes and tax-related obligations

14. Notices: Communication procedures between parties

15. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and amendments

Optional Sections

1. Agency Provisions: Required when one party acts as agent for undisclosed principals

2. Multiple Transaction Provisions: Include when the agreement will cover multiple repo transactions

3. Custody Arrangements: Required when a third-party custodian is involved

4. Electronic Trading Provisions: Include when transactions will be executed through electronic platforms

5. Buy-in Procedures: Optional provisions for buy-in rights in case of failed deliveries

6. Force Majeure: Optional provisions for handling unforeseen circumstances

7. Netting Provisions: Include when parties agree to net payments and deliveries

Suggested Schedules

1. Form of Confirmation: Standard form for confirming individual transactions

2. Eligible Securities: List and specifications of securities eligible for the transactions

3. Pricing Sources: Agreed sources and methods for determining securities valuations

4. Margin Percentages: Table of applicable margin percentages for different security types

5. Contact Details: List of authorized personnel and contact information

6. Form of Power of Attorney: Standard form for authorizing agents if applicable

7. Settlement Instructions: Detailed instructions for settlement of transactions

8. Systems and Operations Procedures: Technical procedures for executing transactions

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
Clauses









































Relevant Industries

Banking

Financial Services

Investment Management

Securities Trading

Insurance

Asset Management

Treasury Services

Capital Markets

Financial Technology

Professional Services

Relevant Teams

Legal

Compliance

Treasury

Trading

Risk Management

Operations

Settlement

Credit

Portfolio Management

Finance

Investment

Fixed Income

Market Risk

Documentation

Middle Office

Relevant Roles

Treasury Manager

Securities Trader

Legal Counsel

Compliance Officer

Risk Manager

Portfolio Manager

Operations Manager

Financial Controller

Investment Officer

Credit Risk Officer

Settlements Manager

Chief Investment Officer

Head of Fixed Income

Repo Desk Manager

Chief Financial 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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