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Clearing Agreement for United Arab Emirates

Clearing Agreement Template for United Arab Emirates

A comprehensive legal agreement governed by UAE law that establishes the relationship between a clearing house and its clearing member, outlining the terms and conditions for clearing and settlement services. The document encompasses regulatory requirements under UAE Federal laws, including UAE Central Bank regulations, and details operational procedures, risk management frameworks, default mechanisms, and compliance obligations specific to the UAE financial market. It incorporates provisions for both conventional and Islamic financial transactions, reflecting the UAE's dual financial system.

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Clearing Agreement

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What is a Clearing Agreement?

The Clearing Agreement serves as the foundational document governing the relationship between clearing houses and their members in the UAE financial markets. It is essential for entities seeking to participate in clearing activities within the UAE's sophisticated financial infrastructure. The agreement must comply with UAE Federal Law No. 14 of 2018 (UAE Central Bank Law) and related regulations, while incorporating specific requirements for risk management, default procedures, and settlement mechanisms. This Clearing Agreement is particularly crucial given the UAE's position as a major financial hub, requiring robust frameworks for both conventional and Islamic financial transactions. The document typically includes detailed operational procedures, compliance requirements, and risk management protocols tailored to the UAE regulatory environment.

What sections should be included in a Clearing Agreement?

1. Parties: Identification of the clearing house and clearing member

2. Background: Context of the agreement and brief description of the clearing services

3. Definitions and Interpretation: Comprehensive list of defined terms and interpretation rules

4. Membership Requirements: Eligibility criteria and ongoing membership obligations

5. Clearing Services: Description of clearing services provided and accepted instruments

6. Rights and Obligations: Core responsibilities of both parties

7. Financial Requirements: Capital requirements, fees, and payment obligations

8. Risk Management: Risk management framework and procedures

9. Default Procedures: Events of default and consequential actions

10. Margin Requirements: Initial and variation margin calculations and procedures

11. Settlement Procedures: Process and timing for settlement of cleared transactions

12. Regulatory Compliance: Compliance with UAE laws and regulations

13. Representations and Warranties: Standard and specific representations by both parties

14. Confidentiality: Protection and handling of confidential information

15. Term and Termination: Duration, termination events, and consequences

16. Dispute Resolution: Governing law and dispute resolution procedures

17. General Provisions: Standard boilerplate clauses

What sections are optional to include in a Clearing Agreement?

1. Cross-Border Services: Additional provisions for cross-border clearing services

2. Islamic Finance Compliance: Specific provisions for Shariah-compliant clearing services

3. Additional Services: Provisions for supplementary services like collateral management

4. Technical Interface: Requirements for technical connectivity and systems

5. Agent Clearing: Provisions for clearing members acting as agents

6. Segregation Requirements: Additional account segregation requirements for certain member types

What schedules should be included in a Clearing Agreement?

1. Fee Schedule: Detailed breakdown of all applicable fees and charges

2. Operational Procedures: Detailed day-to-day operational requirements and procedures

3. Eligible Instruments: List and specifications of instruments eligible for clearing

4. Risk Management Procedures: Detailed risk management and margin calculation methodologies

5. Form of Reports: Ƶ and formats for required reporting

6. Technical Requirements: Technical specifications and connectivity requirements

7. Contact Details: List of key contacts and escalation procedures

8. Membership Criteria: Detailed membership requirements and documentation

9. Default Fund Contributions: Calculation and maintenance of default fund contributions

Authors

Alex Denne

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

Publisher

Ƶ

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions








































Clauses



































Relevant Industries

Banking

Financial Services

Capital Markets

Securities Trading

Investment Banking

Islamic Banking

Asset Management

Brokerage Services

Financial Market Infrastructure

Relevant Teams

Legal

Compliance

Risk Management

Operations

Treasury

Settlement

Middle Office

Trading Operations

Finance

Regulatory Affairs

Relevant Roles

Chief Operations Officer

Head of Clearing

Compliance Officer

Risk Manager

Legal Counsel

Operations Manager

Settlement Officer

Chief Risk Officer

Head of Treasury

Financial Controller

Head of Legal

Chief Compliance Officer

Trading Operations Manager

Head of Middle Office

Settlements 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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