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Reference Confirmation Letter Template for Australia

A Reference Confirmation Letter is a formal document used in Australian financial markets to confirm and document the terms of reference rates, benchmarks, or indices between financial institutions or corporate entities. This document serves as an official record of the agreed reference terms, calculation methodologies, and associated conditions, ensuring compliance with Australian financial services regulations and providing clarity and certainty for all parties involved. It includes essential details such as the specific reference rate, confirmation period, calculation methods, and any applicable fallback provisions, while adhering to Australian legal requirements and market practices.

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What is a Reference Confirmation Letter?

Reference Confirmation Letters are essential documents in Australian financial markets, typically used when parties need to formally document and confirm the terms of reference rates, benchmarks, or indices used in financial transactions. The document becomes necessary when entering into financial arrangements where specific reference rates form a crucial component of the agreement, such as in lending facilities, derivatives transactions, or investment products. A Reference Confirmation Letter includes crucial information such as the reference rate specifications, calculation methodologies, confirmation periods, and fallback provisions, ensuring compliance with Australian financial regulations including the Corporations Act 2001 and ASIC requirements. This documentation is particularly important in the current financial environment where transparency and accurate recording of financial terms are paramount for risk management and regulatory compliance.

What sections should be included in a Reference Confirmation Letter?

1. Letterhead and Date: Official letterhead of the issuing institution and date of the letter

2. Reference Number: Unique identifier for the confirmation letter

3. Recipient Details: Full name and address of the recipient institution/entity

4. Subject Line: Clear indication that this is a Reference Confirmation Letter

5. Opening Statement: Formal introduction and purpose of the letter

6. Reference Details: Specific details of the reference rate, benchmark, or index being confirmed

7. Confirmation Period: Time period for which the reference confirmation is valid

8. Terms and Conditions: Essential terms governing the reference confirmation

9. Authorized Signature Block: Space for authorized signatory details and signature

What sections are optional to include in a Reference Confirmation Letter?

1. Calculation Methodology: Detailed explanation of how the reference rate is calculated, included when dealing with complex or custom reference rates

2. Fallback Provisions: Alternative arrangements in case the primary reference becomes unavailable, included for critical reference rates

3. Regulatory Compliance Statement: Specific statements regarding compliance with relevant regulations, included when dealing with regulated entities

4. Confidentiality Notice: Specific confidentiality requirements, included when dealing with sensitive information

5. Contact Information: Detailed contact information for queries and notifications, included for ongoing relationships

What schedules should be included in a Reference Confirmation Letter?

1. Schedule 1 - Reference Rate Details: Detailed specifications of the reference rate including calculation methodologies and sources

2. Schedule 2 - Authorized Personnel: List of authorized personnel who can act in relation to the reference confirmation

3. Appendix A - Standard Terms: Standard terms and conditions applicable to all reference confirmations

4. Appendix B - Regulatory Disclosures: Required regulatory disclosures and compliance statements

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

tiktok˰

Document Type

Confirmation Letter

Sector

Sales

Cost

Free to use

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