The Cash Collateral Agreement is a crucial document used in Australian financial and commercial transactions where parties need to establish security arrangements using cash as collateral. It's particularly relevant in trading relationships, financial services, and secured lending arrangements where cash serves as primary security. The agreement must comply with Australian legislation, particularly the Personal Property Securities Act 2009 (Cth), and typically includes detailed provisions for collateral calculation, transfer mechanisms, security interest creation and perfection, and enforcement rights. This document is essential for risk management and regulatory compliance, especially in financial services and trading relationships where parties need robust security arrangements.
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1. Parties: Identification of the collateral provider and collateral taker, including registration details
2. Background: Context of the agreement, relationship between parties, and purpose of the collateral arrangement
3. Definitions and Interpretation: Definitions of key terms, interpretation rules, and references to any master agreements
4. Collateral Obligations: Core provisions regarding the posting, transfer, and maintenance of cash collateral
5. Security Interest: Creation and perfection of security interest under PPSA, including required representations
6. Collateral Calculations: Method for calculating required collateral amounts, valuation processes
7. Interest and Payments: Treatment of interest on cash collateral, payment mechanics
8. Account Provisions: Details of collateral accounts, control arrangements, and operational procedures
9. Representations and Warranties: Standard and specific representations regarding capacity, authority, and collateral
10. Events of Default: Specified events triggering default and consequences
11. Enforcement Rights: Rights and remedies upon default, including PPSA enforcement provisions
12. Tax Provisions: Treatment of taxes on interest, payments, and transfers
13. General Provisions: Standard boilerplate including notices, amendments, governing law, and jurisdiction
1. Multiple Party Provisions: Additional provisions for agreements involving more than two parties
2. Regulatory Compliance: Specific provisions required for regulated entities (e.g., ADIs, insurance companies)
3. Additional Credit Support: Provisions for other forms of credit support complementing the cash collateral
4. Cross-Default: Links to other agreements and cross-default provisions
5. Currency Provisions: Additional provisions for multi-currency collateral arrangements
6. Set-off Rights: Detailed set-off provisions where specifically required
7. Custodian Provisions: Additional provisions where a third-party custodian is involved
1. Contact Details: Administrative and operational contact information for all parties
2. Account Details: Specification of authorized accounts for collateral transfers
3. Calculation Methods: Detailed methodology for calculating collateral requirements
4. Form of Notices: Standard forms for collateral calls, transfers, and other notices
5. Authorized Persons: List of persons authorized to act under the agreement
6. Additional Requirements: Any specific regulatory or operational requirements
7. Security Interest Details: PPSA registration details and verification statements
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