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Repurchase Agreement for Malaysia

Repurchase Agreement Template for Malaysia

A Malaysian law-governed Repurchase Agreement (repo) is a financial contract where one party sells securities to another party with a commitment to repurchase them at a predetermined future date and price. This agreement is structured under Malaysian financial regulations, particularly the Financial Services Act 2013 and Bank Negara Malaysia guidelines, incorporating specific local market practices and regulatory requirements. The document details the terms of the transaction, including securities transfer, pricing mechanisms, margin maintenance, default provisions, and risk management measures, while ensuring compliance with Malaysian securities and banking laws.

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What is a Repurchase Agreement?

This Repurchase Agreement template is designed for use in the Malaysian financial market, where repos are commonly used as financing and liquidity management tools. The document is structured to comply with Malaysian financial regulations, particularly the Financial Services Act 2013 and Bank Negara Malaysia guidelines on repo transactions. It covers essential elements including securities transfer, pricing mechanisms, margin maintenance, and default provisions, while incorporating specific requirements for the Malaysian market. This template can be used for both conventional and Islamic repo transactions, subject to appropriate modifications for Shariah compliance where required. The agreement is particularly relevant for financial institutions, banks, and investment companies engaging in short-term financing arrangements using securities as collateral.

What sections should be included in a Repurchase Agreement?

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

2. Background: Context of the agreement, establishing the parties' intention to enter into repurchase transactions

3. Definitions and Interpretation: Key terms used in the agreement, including financial and technical terms specific to repo transactions

4. Sale and Repurchase Commitment: Core transaction terms including purchase price, repurchase price, and pricing rate

5. Securities Transfer and Settlement: Procedures for transferring securities and payment mechanisms

6. Margin Maintenance: Requirements for maintaining margin, including valuation and margin calls

7. Income Payments: Handling of income on the transferred securities during the repo period

8. Substitution: Rules and procedures for substituting securities

9. Events of Default: Circumstances constituting default and consequences

10. Termination and Close-out: Procedures for early termination and settlement

11. Tax Provisions: Treatment of taxes and stamp duty under Malaysian law

12. Representations and Warranties: Standard and transaction-specific representations

13. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction provisions

14. Notices: Communication procedures between parties

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

What sections are optional to include in a Repurchase Agreement?

1. Multiple Transactions: Additional provisions for framework agreements covering multiple repo transactions

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

3. Islamic Finance Compliance: Additional provisions for Shariah-compliant repo transactions

4. Foreign Exchange Provisions: Required when repos involve cross-border or foreign currency elements

5. Custodian Arrangements: Required when a third-party custodian is involved in holding securities

6. Electronic Trading Provisions: Required when repos are executed through electronic trading platforms

What schedules should be included in a Repurchase Agreement?

1. Form of Confirmation: Template for confirming individual repo transactions

2. Eligible Securities: List and characteristics of securities acceptable for repo transactions

3. Margin Percentages: Table of applicable margin ratios for different security types

4. Address for Notices: Detailed contact information for formal notices

5. Bank Account Details: Settlement account information for both parties

6. Market Value Calculation: Methodology for calculating market value of securities

7. Standard Forms: Standard forms for margin calls, substitution notices, and other routine communications

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

Malaysia

Publisher

Genie AI

Cost

Free to use

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