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Sell Buy Back Agreement

Sell Buy Back Agreement Template for New Zealand

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Key Requirements PROMPT example:

Sell Buy Back Agreement

"I need a Sell Buy Back Agreement between ABC Bank Ltd and XYZ Investment Fund for government bonds with a 3-month term, starting March 1, 2025, with standard margin maintenance provisions and New Zealand law governing."

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Document background
The Sell Buy Back Agreement serves as a crucial instrument in New Zealand's financial markets, providing a structured framework for temporary securities transfers with repurchase commitments. This document is typically utilized when financial institutions need to manage liquidity, finance securities positions, or access short-term funding. It includes comprehensive provisions for initial sale, repurchase obligations, pricing mechanisms, risk management, and default scenarios, all aligned with New Zealand's regulatory requirements including the Financial Markets Conduct Act 2013 and Reserve Bank of New Zealand regulations. The agreement is designed to protect both parties' interests while ensuring regulatory compliance and market efficiency in securities financing transactions.
Suggested Sections

1. Parties: Identification of the seller and buyer, including registration details and addresses

2. Background: Context of the agreement and relationship between parties

3. Definitions and Interpretation: Definitions of key terms including Purchase Price, Repurchase Price, Securities, Settlement Date, and interpretation clauses

4. Sale and Purchase: Terms of initial sale including price, settlement, and delivery of securities

5. Repurchase Obligation: Terms of the repurchase including price calculation, timing, and settlement procedures

6. Price and Payment Terms: Detailed pricing mechanisms, payment procedures, and calculation of price differentials

7. Transfer of Title and Risk: Provisions regarding ownership transfer, risk allocation, and rights during the transaction period

8. Representations and Warranties: Standard and transaction-specific representations by both parties

9. Covenants: Ongoing obligations of both parties during the transaction period

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

11. Termination: Circumstances and procedures for early termination

12. Set-off Rights: Rights to set off obligations between parties

13. Notices: Communication procedures and contact details

14. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and amendments

Optional Sections

1. Income Payments: Provisions for handling dividends or interest payments during the transaction period - used when securities generate income

2. Margin Maintenance: Procedures for margin calls and collateral maintenance - used when parties agree to ongoing margin requirements

3. Substitution: Rights and procedures for substituting securities - used when parties want flexibility in the underlying securities

4. Tax Provisions: Specific tax-related provisions - used when tax implications need detailed treatment

5. Multiple Transaction Provisions: Framework for handling multiple transactions - used when agreement serves as a master agreement

6. Agency Provisions: Provisions for parties acting as agents - used when one or both parties act in agency capacity

7. Electronic Trading: Provisions for electronic execution of transactions - used when parties utilize electronic trading platforms

Suggested Schedules

1. Transaction Notice Template: Standard form for documenting individual transactions

2. Eligible Securities: List and specifications of securities eligible for sell buy back transactions

3. Pricing Methods: Detailed methodologies for calculating purchase and repurchase prices

4. Settlement Instructions: Standard settlement and payment instructions

5. Authorized Persons: List of authorized signatories and traders

6. Form of Confirmation: Template for transaction confirmations

7. Margin Percentages: Schedule of applicable margin rates and haircuts

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions





































Clauses
































Relevant Industries

Financial Services

Banking

Investment Management

Securities Trading

Asset Management

Insurance

Corporate Treasury

Investment Banking

Capital Markets

Financial Technology

Relevant Teams

Legal

Compliance

Treasury

Trading

Risk Management

Operations

Settlement

Finance

Investment

Portfolio Management

Relevant Roles

Treasury Manager

Securities Trader

Legal Counsel

Compliance Officer

Risk Manager

Portfolio Manager

Financial Controller

Operations Manager

Settlement Officer

Trading Desk Manager

Chief Investment Officer

Legal Director

Compliance Manager

Chief Financial Officer

Investment Director

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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