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Bond Repurchase Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Bond Repurchase Agreement

"I need a Bond Repurchase Agreement under Hong Kong law for use between our investment bank and various hedge fund clients, with specific provisions for cryptocurrency-backed bonds and enhanced margin requirements."

Document background
The Bond Repurchase Agreement serves as a crucial document in Hong Kong's financial markets, facilitating short-term secured lending through the sale and repurchase of securities. This agreement type is commonly used by financial institutions for liquidity management, financing positions, and accessing short-term funding. The document must comply with Hong Kong's regulatory requirements, particularly the Securities and Futures Ordinance and Banking Ordinance, while aligning with international best practices. It typically includes detailed provisions for transfer of securities, margin maintenance, pricing mechanisms, and default scenarios. The agreement is particularly important in Hong Kong's role as a major financial center, where repo transactions form a significant part of the money market and are essential for maintaining market liquidity and efficient capital allocation.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement

2. Background: Context of the agreement and general purpose of the transaction

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Sale and Repurchase: Core provisions detailing the sale and repurchase obligations

5. Pricing and Payment Terms: Purchase price, repurchase price, and pricing calculations

6. Transfer of Securities: Mechanics and timing of securities transfers

7. Margin Maintenance: Margin calculation, calls, and transfer procedures

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

9. Substitution: Rules for substituting equivalent securities

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

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

12. Representations and Warranties: Standard representations by both parties

13. Tax Provisions: Tax obligations and gross-up provisions

14. Notices: Communication procedures between parties

15. Governing Law and Jurisdiction: Choice of Hong Kong law and jurisdiction provisions

Optional Sections

1. Agency Provisions: Required when one party acts as agent for underlying principals

2. Buy/Sell Back Annex: Used when transactions are structured as buy/sell back rather than classic repo

3. Force Majeure: Additional provisions for handling market disruption events

4. Electronic Trading: Required when transactions can be executed through electronic platforms

5. Additional Tax Representations: Required for cross-border transactions or specific tax status parties

6. Custodian Provisions: Required when third-party custodians are involved

Suggested Schedules

1. Transaction Parameters: Template for recording specific details of each repo transaction

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

3. Margin Percentages: Table of haircuts and margin requirements for different security types

4. Forms of Notices: Standard forms for margin calls, substitution notices, and other communications

5. Contact Details: List of authorized personnel and contact information for both parties

6. Settlement Instructions: Standard settlement and payment instructions for both parties

7. Confirmation Form: Template for confirming individual transactions under the agreement

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

Banking

Financial Services

Securities Trading

Investment Management

Asset Management

Capital Markets

Insurance

Pension Fund Management

Treasury

Financial Technology

Relevant Teams

Legal

Treasury

Trading

Risk Management

Compliance

Operations

Settlements

Credit Risk

Portfolio Management

Financial Control

Middle Office

Collateral Management

Investment

Documentation

Fixed Income

Relevant Roles

Treasury Manager

Securities Trader

Legal Counsel

Risk Manager

Compliance Officer

Portfolio Manager

Operations Manager

Credit Risk Officer

Trading Desk Head

Settlements Manager

Financial Controller

Chief Investment Officer

Repo Trader

Fixed Income Manager

Collateral 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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