The Foreign Exchange Agreement is a crucial document used to establish and govern foreign exchange trading relationships between authorized parties in India. It is particularly necessary when entities engage in regular foreign exchange transactions and need a formal framework compliant with Indian regulations. The agreement encompasses all aspects of FX trading, including transaction execution, settlement, risk management, and regulatory compliance requirements under FEMA 1999 and RBI guidelines. It serves as the master agreement governing all FX transactions between the parties, providing clarity on rights, obligations, and operational procedures while ensuring compliance with Indian foreign exchange control regulations. The document is essential for businesses engaged in international trade, financial institutions, and corporations dealing with multiple currencies.
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1. Parties: Identification of the contracting parties, including registration details and FEMA/RBI authorizations
2. Background: Context of the agreement and relationship between parties
3. Definitions: Definitions of technical terms, market conventions, and agreement-specific terminology
4. Scope of Agreement: Types of FX transactions covered and permitted activities under the agreement
5. Trading Arrangements: Procedures for quotations, dealing, confirmation, and settlement of FX transactions
6. Settlement and Payment: Settlement procedures, payment mechanisms, and account details
7. Representations and Warranties: Standard and FX-specific representations regarding authority, capacity, and compliance
8. Covenants: Ongoing obligations including regulatory compliance and reporting requirements
9. Risk Disclosures: Mandatory disclosures about FX trading risks as per RBI guidelines
10. Events of Default: Circumstances constituting default and consequences
11. Termination: Termination rights, procedures, and consequences
12. Governing Law and Jurisdiction: Indian law as governing law and jurisdiction provisions
1. Credit Support Arrangements: Include when parties agree to margin or collateral arrangements
2. Electronic Trading Provisions: Required when parties will use electronic trading platforms
3. Agency Trading: Include when either party may act as agent for affiliated entities
4. Force Majeure: Specific provisions for market disruption events
5. Tax Provisions: Detailed tax clauses when dealing with cross-border transactions
6. Branch Provisions: Required when transactions may be conducted through multiple branches
7. Netting Arrangements: Include when parties agree to payment or close-out netting
1. Authorized Traders: List of personnel authorized to conduct FX transactions
2. Standard Settlement Instructions: Account details and settlement procedures for each currency
3. Eligible Currencies: List of currencies that may be traded under the agreement
4. Transaction Limits: Trading limits by currency, tenor, or transaction type
5. Confirmation Format: Standard format for transaction confirmations
6. Contact Details: Contact information for notices, trading, and operations
7. Required Documents: List of KYC and regulatory documents to be maintained
8. Fee Schedule: Any applicable fees, charges, or commission structures
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