51Ƶ

Repurchase Agreement Template for Australia

This document is an Australian law-governed Repurchase Agreement that establishes the terms and conditions for securities repurchase transactions between the parties. It covers the sale and subsequent repurchase of securities, including pricing mechanisms, margin maintenance requirements, default provisions, and risk management procedures. The agreement complies with Australian financial services regulations, including requirements under the Corporations Act 2001 and ASIC guidelines, while incorporating market standard practices for repos in the Australian financial markets.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Get template free

Your data doesn't train Genie's AI

You keep IP ownership of your docs

4.6 / 5
4.6 / 5
4.8 / 5

What is a Repurchase Agreement?

This Repurchase Agreement template is designed for use in the Australian financial markets, providing a comprehensive framework for securities repurchase transactions between financial institutions or eligible entities. The document is structured to comply with Australian financial services laws and regulations, including the Corporations Act 2001 and ASIC requirements. It includes essential provisions for the sale and repurchase of securities, margin maintenance, default scenarios, and close-out procedures. This template is particularly relevant for entities seeking to manage liquidity, access short-term funding, or engage in securities financing transactions in the Australian market. The agreement incorporates market standard practices while allowing customization for specific transaction requirements and party needs.

What sections should be included in a Repurchase Agreement?

1. Parties: Identifies and provides details of the contracting parties

2. Background: Sets out the context and purpose of the agreement

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Sale and Repurchase: Core transaction terms including sale price, repurchase price, and timing

5. Transfer of Securities: Mechanics and requirements for securities transfer

6. Margin Maintenance: Provisions for maintaining agreed margin ratios and margin calls

7. Income Payments: Treatment of dividends, interest, or other income on the securities

8. Payment and Transfer: Mechanics of payment and securities transfer processes

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

10. Events of Default: Defines events triggering default and consequences

11. Close-out and Set-off: Procedures for early termination and settlement

12. Notices: Communication requirements and contact details

13. Governing Law and Jurisdiction: Specifies Australian law governance and jurisdiction

14. General Provisions: Standard boilerplate clauses including amendments, assignments, etc.

What sections are optional to include in a Repurchase Agreement?

1. Substitution: Optional provisions allowing replacement of securities, used when parties want flexibility in managing collateral

2. Agency Provisions: Required when either party acts as agent for undisclosed principals

3. Buy/Sell Back Annex: Added when transactions may be conducted as buy/sell backs rather than classic repos

4. Electronic Trading: Include when parties may execute transactions through electronic platforms

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

6. Netting Provisions: Enhanced netting terms for multiple transactions, important for risk management

7. Tax Provisions: Detailed tax terms when cross-border elements or special tax considerations exist

8. FATCA Compliance: Required when US persons or entities are involved

What schedules should be included in a Repurchase Agreement?

1. Schedule 1 - Form of Confirmation: Template for transaction-specific confirmations

2. Schedule 2 - Eligible Securities: Lists approved securities for repo transactions

3. Schedule 3 - Margin Ratios: Specified haircuts and margin requirements for different security types

4. Schedule 4 - Contact Details: Authorized persons and contact information for both parties

5. Schedule 5 - Electronic Messaging: Procedures and requirements for electronic communications

6. Appendix A - Standard Settlement Instructions: Payment and securities settlement details

7. Appendix B - Forms of Legal Opinions: Template legal opinions required for closing

8. Appendix C - Tax Documentation: Required tax forms and certificates

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

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Security Agreement

Sector

Cost

Free to use

Find the exact document you need

Alarm Monitoring Agreement

An Australian-law governed agreement for security alarm monitoring services, detailing service provider and client obligations, response protocols, and compliance requirements.

Download

Motor Vehicle Security Agreement

An Australian legal agreement creating a security interest over a motor vehicle as collateral, compliant with PPSA and state regulations.

Download

Personal Information Confidentiality Agreement

An Australian law-compliant agreement establishing confidentiality obligations for handling personal information, aligned with the Privacy Act 1988 and APPs.

Download

Stock Broker Agreement

An Australian-law governed agreement between a stockbroker and client establishing terms for securities trading services and regulatory compliance.

Download

Hold Deposit Agreement

An Australian jurisdiction agreement that establishes terms for holding, releasing, or forfeiting a deposit between parties, ensuring compliance with local laws and protecting all parties' interests.

Download

Penetration Testing Confidentiality Agreement

An Australian confidentiality agreement governing the protection of sensitive information during penetration testing services, including test results and discovered vulnerabilities.

Download

Personal Property Security Agreement

An Australian law agreement creating security interests over personal property under the Personal Property Securities Act 2009 (Cth).

Download

Data Privacy Contract

Australian-compliant Data Privacy Contract establishing data handling responsibilities and privacy obligations between organizations under Australian privacy laws.

Download

Collateral Substitution Agreement

An Australian law-governed agreement enabling the substitution of collateral while preserving security interests and ensuring regulatory compliance.

Download

Agreement To Exclude Security Of Tenure

An Australian legal agreement where landlord and tenant formally agree to exclude statutory lease renewal rights and security of tenure protections.

Download

Lending Agreement With Collateral

An Australian law-governed agreement establishing terms for a loan secured by collateral, including security arrangements and PPSA compliance.

Download

Key Holding Contract

An Australian-law governed agreement for professional key holding services, establishing terms for secure key management and property access.

Download

Stock Collateral Loan Agreement

An Australian law-governed agreement establishing terms for a loan secured by stocks or securities as collateral, including security arrangements and PPSA compliance.

Download

Pledged Collateral Account Control Agreement

An Australian law-governed agreement establishing control arrangements over pledged collateral accounts between a pledgor, secured party, and depositary bank.

Download

Global Collateral Account Control Agreement

An Australian law-governed agreement establishing control over collateral accounts and security interests, defining rights and procedures for Account Holders, Secured Parties, and Account Banks.

Download

Collateral Control Agreement

An Australian law-governed agreement establishing the framework for collateral management and control in secured financing arrangements, defining rights and obligations between lender, borrower, and collateral manager.

Download

Preferred Equity Agreement

An Australian law-governed agreement establishing terms and conditions for preferred equity investment, including investor rights, economic terms, and regulatory compliance requirements.

Download

Membership Interest Agreement

An Australian law-governed agreement establishing terms and conditions for company membership interests, including rights, obligations, and member relationships.

Download

Lease Security Agreement

An Australian law-governed agreement creating security interests over lease rights and obligations, compliant with PPSA and state property legislation.

Download

Guaranty And Security Agreement

An Australian law-governed agreement combining personal guarantees with security interests in assets, providing comprehensive protection for secured parties under PPSA and related legislation.

Download

Global Master Repurchase Agreement

An Australian law-governed master agreement for repurchase transactions, establishing standardized terms for securities financing between financial counterparties.

Download

Auto Loan Security Agreement

An Australian-law governed agreement establishing vehicle loan terms and security interest, complying with national consumer credit and personal property securities legislation.

Download

Stock Escrow Agreement

An Australian-law governed agreement establishing terms for holding shares in escrow, detailing control and release conditions between shareholders, company, and escrow agent.

Download

Chattel Security Agreement

An Australian law agreement creating a security interest over personal property (chattel) under the PPSA 2009, securing performance of obligations between parties.

Download

Trademark Security Agreement

An Australian law agreement creating security interests over trademarks under PPSA and Trade Marks Act requirements.

Download

Retail Installment Contract And Security Agreement

An Australian retail financing agreement that combines installment payment terms with security interests in purchased goods, compliant with Australian consumer credit and security laws.

Download

Sublease Deposit Agreement

An Australian legal agreement establishing terms for security deposit handling in sublease arrangements, complying with state-specific tenancy laws.

Download

Personal Loan Contract With Collateral

An Australian law-governed personal loan agreement with security interests over collateral, compliant with national consumer credit protection legislation.

Download

Convertible Bond Subscription Agreement

An Australian law-governed agreement detailing terms for convertible bond subscription, including debt terms and equity conversion rights.

Download

Shareholder Agreement Transfer Of Shares

An Australian law-governed agreement facilitating the transfer of company shares between parties, outlining terms, conditions, and regulatory compliance requirements.

Download

Third Party Collateral Agreement

An Australian law-governed agreement where a third party provides collateral to secure another party's obligations, compliant with PPSA requirements.

Download

Security Control Agreement

An Australian law-governed agreement establishing security holder control rights, voting mechanisms, and governance arrangements over a company or entity.

Download

Key Holding Agreement

An Australian agreement governing professional key holding services, including secure key storage, access management, and emergency response protocols.

Download

Inventory Security Agreement

An Australian law agreement creating security interests over inventory assets under the PPSA regime, establishing rights and obligations for secured financing.

Download

Loan Agreement With Security

An Australian law governed agreement establishing loan terms and conditions with security provisions, detailing both lending terms and collateral arrangements.

Download

Reinsurance Security Agreement

An Australian law agreement establishing security arrangements between reinsurer and cedant, securing reinsurance obligations through collateral arrangements.

Download

Debenture Subscription Agreement

An Australian law-governed agreement setting out terms for debenture subscription, including investment terms, security arrangements, and compliance requirements.

Download

Convertible Promissory Note Purchase Agreement

An Australian law-governed agreement for the issuance and purchase of convertible promissory notes, detailing investment terms and conversion rights.

Download

Commercial Security Agreement

An Australian law-governed agreement creating security interests over personal property under the PPSA framework, establishing rights and obligations between secured parties and grantors.

Download

Security Account Control Agreement

An Australian law-governed three-party agreement establishing control over deposit accounts as collateral in secured financing transactions.

Download
See more related templates

ұԾ’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ұԾ’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it