The Master Netting Agreement is essential for parties engaging in multiple financial transactions in Malaysia who wish to reduce their credit risk exposure through netting arrangements. This document is specifically designed to comply with Malaysian legal requirements, particularly the Netting of Financial Agreements Act 2015 and related financial services legislation. It provides a legally enforceable framework for payment netting and close-out netting, crucial for risk management in financial transactions. The agreement is particularly relevant for financial institutions, banks, and corporations operating in Malaysia's financial markets, covering various financial instruments including derivatives, securities transactions, and Islamic financial products. It includes provisions for both conventional and Shariah-compliant transactions, reflecting Malaysia's dual financial system.
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1. Parties: Identification of the contracting parties and their legal status
2. Background: Context of the agreement and relationship between the parties
3. Definitions and Interpretation: Comprehensive definitions of terms used and rules of interpretation
4. Scope of Agreement: Coverage of transactions and obligations subject to netting
5. Netting Arrangements: Mechanics of payment netting and close-out netting
6. Calculations and Valuations: Methods for calculating netted amounts and determining market values
7. Events of Default: Circumstances constituting default and their consequences
8. Early Termination: Procedures and consequences of early termination
9. Set-off Rights: Rights to set off obligations against other amounts due
10. Representations and Warranties: Standard and specific representations by each party
11. Governing Law and Jurisdiction: Choice of Malaysian law and jurisdiction provisions
1. Credit Support Arrangements: Optional provisions for collateral and margin requirements
2. Tax Provisions: Specific tax-related provisions if parties are subject to different tax regimes
3. Multiple Branches: Additional provisions for parties operating through multiple branches
4. Electronic Trading: Provisions for electronic execution of transactions
5. Islamic Finance Provisions: Specific provisions for Shariah-compliant transactions in Malaysian context
1. Schedule 1 - Party Details: Detailed information about parties including contact details and account information
2. Schedule 2 - Covered Transactions: List and descriptions of transaction types covered by the agreement
3. Schedule 3 - Calculation Methods: Detailed methodologies for calculations and valuations
4. Schedule 4 - Form of Confirmation: Standard form for confirming individual transactions
5. Schedule 5 - Credit Support Documents: Forms and details of any credit support arrangements
6. Appendix A - Standard Terms: Standard terms and conditions applicable to all transactions
7. Appendix B - Local Law Requirements: Specific requirements under Malaysian law
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