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Master Netting Agreement Template for Netherlands

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Key Requirements PROMPT example:

Master Netting Agreement

"I need a Dutch law Master Netting Agreement between our investment fund and a major Dutch bank, covering derivatives and securities lending transactions, with specific provisions for automated trading platforms and daily margin calculations."

Document background
The Master Netting Agreement serves as a critical risk management tool in financial transactions under Dutch law. It is specifically designed for situations where parties engage in multiple financial transactions and seek to reduce their credit exposure by enabling the netting of payment obligations and establishing clear close-out procedures. The agreement complies with Dutch financial regulations and the Dutch Civil Code, while also accounting for European Union directives and international banking standards. This document is particularly important for financial institutions and corporations engaging in regular financial transactions, as it provides legal certainty regarding netting arrangements and helps reduce counterparty risk. The Master Netting Agreement includes detailed provisions for calculation methodologies, events of default, and early termination procedures, making it essential for managing complex financial relationships.
Suggested Sections

1. Parties: Identification of the contracting parties including full legal names, registration details, and addresses

2. Background: Context of the agreement and description of the parties' relationship and intention to enter into various financial transactions

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

4. Scope of Agreement: Types of transactions covered and specification of existing agreements being incorporated

5. Netting Provisions: Core provisions detailing payment netting, close-out netting mechanisms, and calculation methodologies

6. Representations and Warranties: Standard and specific representations regarding capacity, authority, and compliance with laws

7. Events of Default: Comprehensive list of events triggering default and their consequences

8. Early Termination: Procedures and consequences of early termination, including calculation of termination amounts

9. Set-off Rights: Rights of set-off and detailed procedures for their exercise

10. Payments and Calculations: Payment mechanics, calculation procedures, and payment netting arrangements

11. Tax Provisions: Treatment of taxes, including gross-up obligations and tax documentation requirements

12. General Provisions: Standard clauses including notices, amendments, assignments, and severability

13. Governing Law and Jurisdiction: Choice of Dutch law and jurisdiction provisions

Optional Sections

1. Credit Support Arrangements: Include when parties agree to provide collateral or other credit support

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

3. Agent Provisions: Include when one or more parties act through an agent

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

5. Electronic Trading Provisions: Include when parties engage in electronic trading or platform-based transactions

6. Dispute Resolution: Alternative dispute resolution procedures if parties prefer arbitration or mediation

7. Additional Termination Events: Include for specific circumstances warranting termination beyond standard events of default

Suggested Schedules

1. Schedule 1 - Covered Transactions: List and descriptions of all transaction types covered by the agreement

2. Schedule 2 - Party Details: Detailed information about each party including contact details, account information, and specific elections

3. Schedule 3 - Confirmation Templates: Standard forms for transaction confirmations

4. Schedule 4 - Credit Support Terms: Detailed terms for any credit support arrangements

5. Schedule 5 - Early Termination Calculation Methods: Detailed methodologies for calculating early termination amounts

6. Appendix A - Form of Notice: Standard forms for various notices required under the agreement

7. Appendix B - Form of Power of Attorney: Standard form for powers of attorney if required

8. Appendix C - Existing Transactions: List of any existing transactions to be covered by 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

Financial Services

Banking

Insurance

Investment Management

Energy Trading

Commodities Trading

Securities Trading

Asset Management

Pension Fund Management

Corporate Treasury

Investment Banking

Private Equity

Relevant Teams

Legal

Treasury

Risk Management

Trading

Compliance

Finance

Operations

Credit Risk

Documentation

Regulatory Affairs

Transaction Management

Portfolio Management

Deal Advisory

Financial Control

Relevant Roles

Legal Counsel

Treasury Manager

Risk Manager

Trading Manager

Compliance Officer

Financial Controller

Chief Financial Officer

Head of Trading

General Counsel

Credit Risk Officer

Operations Manager

Portfolio Manager

Regulatory Compliance Manager

Documentation Specialist

Transaction 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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