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Repurchase Agreement for United Arab Emirates

Repurchase Agreement Template for United Arab Emirates

A comprehensive legal agreement governed by UAE law that establishes the terms and conditions for repurchase transactions involving securities. The document outlines the mechanism for the initial sale of securities and their subsequent repurchase at a predetermined price and date, incorporating UAE regulatory requirements, including Central Bank regulations and potentially Islamic finance principles. It addresses crucial elements such as pricing, margin maintenance, events of default, and risk management measures, while ensuring compliance with UAE securities laws and financial regulations.

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What is a Repurchase Agreement?

The Repurchase Agreement serves as a fundamental instrument in UAE financial markets, facilitating secured lending and liquidity management between financial institutions. This document is essential when parties wish to enter into transactions involving the temporary transfer of securities against cash with a commitment to reverse the transaction at a future date. The agreement must comply with UAE Federal Laws, including UAE Central Bank regulations, Securities Laws, and where applicable, Islamic finance principles. It includes comprehensive provisions for pricing, margin maintenance, default scenarios, and risk management, making it suitable for both conventional and Sharia-compliant transactions. The document is particularly relevant in the context of UAE's developing financial markets and its position as a regional financial hub.

What sections should be included in a Repurchase Agreement?

1. Parties: Identification of the parties entering into the agreement, including full legal names and addresses

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

3. Definitions: Definitions of key terms used throughout the agreement

4. Sale and Repurchase: Core transaction terms including initial sale and repurchase obligations

5. Purchase Price and Pricing: Details of initial purchase price, repurchase price, and pricing calculations

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

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

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

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

10. Set-off and Netting: Rights of set-off and close-out netting provisions

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

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

13. Governing Law and Jurisdiction: Choice of UAE law and jurisdiction provisions

14. Notices: Communication requirements and contact details

15. General Provisions: Standard boilerplate clauses including amendments, waivers, and severability

What sections are optional to include in a Repurchase Agreement?

1. Sharia Compliance: Required when the agreement needs to comply with Islamic finance principles

2. Agency Provisions: Used when one party acts as agent for undisclosed principals

3. Multiple Currencies: Required when transactions may be conducted in different currencies

4. Buy/Sell Back Annex: Added when transactions may be structured as buy/sell back trades

5. Electronic Trading: Required when transactions may be executed through electronic platforms

6. Central Counterparty Provisions: Added when transactions may be cleared through a CCP

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

What schedules should be included in a Repurchase Agreement?

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

2. Schedule 2 - Eligible Securities: List and characteristics of securities eligible for transactions

3. Schedule 3 - Margin Calculations: Detailed methodology for calculating margin requirements

4. Schedule 4 - Contact Details: Comprehensive contact information for all notices and communications

5. Schedule 5 - Forms of Power of Attorney: Standard forms for any required powers of attorney

6. Appendix A - Standard Market Calculations: Standard methods for price and yield calculations

7. Appendix B - Electronic Trading Terms: Terms and conditions for electronic trading if applicable

Authors

Alex Denne

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

Publisher

Genie AI

Cost

Free to use

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