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Master Netting Agreement Template for Germany

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Key Requirements PROMPT example:

Master Netting Agreement

"I need a German law Master Netting Agreement between a commercial bank and an investment fund, with specific provisions for derivatives and securities lending transactions, to be effective from March 2025."

Document background
The Master Netting Agreement serves as a critical risk management tool in financial transactions under German law. It is used when parties engage in multiple financial transactions and seek to reduce their credit exposure and operational complexity by establishing a single net settlement mechanism. The agreement provides legal certainty for netting arrangements, particularly important in the context of German insolvency proceedings. It covers various financial instruments including derivatives, securities lending, and repurchase agreements, establishing clear procedures for both payment netting during normal operations and close-out netting in default scenarios. The document is designed to comply with German regulatory requirements while maintaining consistency with international netting practices.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and general purpose of entering into the netting arrangement

3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and interpretation rules

4. Scope of Agreement: Types of transactions and obligations covered by the netting arrangement

5. Netting Provisions: Core netting mechanisms, including payment netting and close-out netting procedures

6. Events of Default: Circumstances triggering close-out netting rights

7. Early Termination: Procedures and consequences of early termination

8. Close-out Amount Calculation: Methodology for calculating final settlement amounts

9. Set-off Rights: Provisions regarding rights of set-off under German law

10. Representations and Warranties: Standard and specific representations by both parties

11. Governing Law and Jurisdiction: German law as governing law and jurisdiction provisions

12. Notices: Communication procedures between parties

13. Miscellaneous: General provisions including severability, amendments, and entire agreement

Optional Sections

1. Tax Provisions: Specific tax-related provisions, required when parties are subject to different tax jurisdictions

2. Multi-branch Provisions: Required when either party operates through multiple branches

3. Credit Support Arrangements: Provisions relating to collateral arrangements, if applicable

4. Special Entity Provisions: Additional provisions for regulated entities or special purpose vehicles

5. Electronic Trading Provisions: Required when parties engage in electronic trading

6. Agent Provisions: Required when one or both parties act through agents

Suggested Schedules

1. Schedule 1 - Transaction Types: List and specifications of covered transaction types

2. Schedule 2 - Form of Confirmation: Standard form for transaction confirmations

3. Schedule 3 - Contact Details: Detailed contact information for notices and communications

4. Schedule 4 - Calculation Agent Provisions: Detailed provisions regarding calculation agent role and responsibilities

5. Appendix A - Form of Early Termination Notice: Standard form for serving early termination notices

6. Appendix B - Methodology for Close-out Amount Calculation: Detailed calculation procedures and examples

7. Appendix C - Form of Legal Opinions: Standard form for required legal opinions under German law

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions







































Clauses






























Relevant Industries

Financial Services

Banking

Insurance

Investment Management

Energy Trading

Commodities Trading

Asset Management

Treasury Services

Capital Markets

Corporate Finance

Relevant Teams

Legal

Treasury

Risk Management

Trading

Compliance

Finance

Operations

Credit Risk

Regulatory Affairs

Documentation

Relevant Roles

Legal Counsel

Treasury Manager

Risk Manager

Chief Financial Officer

Trading Manager

Compliance Officer

Financial Controller

Credit Risk Officer

Operations Manager

Legal Director

Treasury Director

Head of Trading

Chief Risk Officer

Documentation Manager

Regulatory Compliance Manager

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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