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Sell Buy Back Agreement

Sell Buy Back Agreement Template for South Africa

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Key Requirements PROMPT example:

Sell Buy Back Agreement

"I need a Sell Buy Back Agreement for a transaction between Standard Bank SA (seller) and FirstRand Bank (buyer) for government bonds, with initial sale in March 2025 and repurchase in September 2025, including provisions for margin maintenance and substitution rights."

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Document background
The Sell Buy Back Agreement is a crucial document in South African financial markets, typically used when parties wish to enter into a temporary transfer of securities with a predetermined repurchase arrangement. This agreement type is commonly utilized for liquidity management, financing purposes, and securities lending arrangements. It must comply with South African financial regulations, particularly the Financial Markets Act No. 19 of 2012 and related legislation. The document addresses key aspects including initial sale terms, repurchase obligations, pricing mechanisms, risk allocation, default scenarios, and regulatory compliance requirements. It's particularly relevant in the context of South African market practices and regulatory framework, incorporating local legal requirements while following international market standards for such transactions.
Suggested Sections

1. Parties: Identification of the seller and buyer, including registration details and addresses

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

3. Definitions and Interpretation: Definitions of technical terms, market terminology, and interpretation rules

4. Sale of Securities: Terms of the initial sale, including price, securities description, and transfer mechanics

5. Repurchase Obligations: Terms of the repurchase, including price, timing, and mechanics

6. Payment and Settlement: Payment mechanisms, timing, and settlement procedures for both sale and repurchase

7. Rights and Obligations: Parties' rights and obligations during the transaction period

8. Representations and Warranties: Standard and transaction-specific representations and warranties

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

10. Termination: Circumstances and procedures for early termination

11. General Terms: Standard contractual provisions including notices, amendments, and governing law

Optional Sections

1. Income and Corporate Actions: Required when the securities may generate income or be subject to corporate actions during the transaction period

2. Margin Maintenance: Include when parties agree to maintain margin requirements

3. Substitution of Securities: Include when the seller has the right to substitute securities during the transaction period

4. Tax Provisions: Detailed section required when parties need specific tax allocation or treatment

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

6. Regulatory Compliance: Detailed section needed when transaction falls under specific regulatory frameworks

Suggested Schedules

1. Schedule 1 - Securities Description: Detailed description of the securities including ISIN numbers and quantities

2. Schedule 2 - Pricing and Dates: Details of initial sale price, repurchase price, and key dates

3. Schedule 3 - Settlement Instructions: Detailed payment and settlement instructions for both parties

4. Schedule 4 - Form of Transfer Notices: Standard forms for transfer notices

5. Appendix A - Confirmation Form: Standard form for transaction confirmations

6. Appendix B - Margin Calculations: If applicable, methodology for calculating and maintaining margins

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

Banking

Financial Services

Investment Management

Securities Trading

Asset Management

Capital Markets

Treasury Services

Financial Technology

Relevant Teams

Legal

Compliance

Treasury

Trading

Risk Management

Operations

Settlement

Financial Control

Investment

Corporate Finance

Relevant Roles

Treasury Manager

Securities Trader

Legal Counsel

Compliance Officer

Risk Manager

Portfolio Manager

Operations Director

Financial Controller

Investment Officer

Settlement Officer

Chief Investment Officer

Head of Trading

Legal Director

Chief Risk 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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