The Cash Collateral Agreement is essential in financial transactions under Swiss law where one party provides cash as security for obligations owed to another party. This document is typically used in banking, trading, and financial services contexts where secure collateral arrangements are required. It establishes the framework for posting, maintaining, and enforcing cash collateral, incorporating specific Swiss legal requirements and financial regulations. The agreement is particularly relevant in scenarios involving derivatives trading, lending arrangements, or other financial obligations where cash serves as security. It includes detailed provisions for collateral valuation, top-up requirements, enforcement rights, and the treatment of interest earned on the collateral, all structured to comply with Swiss legal and regulatory requirements.
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1. Parties: Identification of the collateral provider and collateral taker, including their full legal names and addresses
2. Background: Context of the agreement, including reference to any master agreement or underlying obligations
3. Definitions: Definitions of key terms used throughout the agreement, including specific Swiss law terminology
4. Scope of Security: Description of the cash collateral and secured obligations
5. Creation and Perfection of Security: Provisions detailing how the security interest is created and perfected under Swiss law
6. Maintenance of Collateral: Requirements for maintaining collateral levels, including top-up and return provisions
7. Rights and Obligations: Detailed rights and obligations of both parties regarding the collateral
8. Interest and Payments: Provisions regarding interest earned on cash collateral and payment mechanisms
9. Events of Default: Definition of events triggering default and consequences
10. Enforcement: Enforcement procedures and rights upon default, compliant with Swiss law
11. Representations and Warranties: Standard representations and warranties from both parties
12. Tax Provisions: Treatment of taxes related to the collateral and payments
13. Notices: Communication requirements and contact details
14. Governing Law and Jurisdiction: Confirmation of Swiss law governance and jurisdiction
15. Miscellaneous: Standard boilerplate provisions including severability, amendments, and entire agreement
1. Multiple Currencies: Required when collateral can be provided in different currencies, including conversion provisions
2. Substitution Rights: Include when the collateral provider has the right to substitute collateral
3. Income and Voting Rights: Needed for arrangements where securities may be added as collateral in addition to cash
4. Third Party Rights: Required when third parties may have interests in the collateral arrangement
5. regulatory compliance: specific provisions required for regulated entities or when compliance with specific regulations is needed
6. Cross-Border Provisions: Required when the arrangement involves parties from multiple jurisdictions
7. Account Bank Provisions: Include when a third-party bank is involved in holding the collateral
1. Schedule 1 - Collateral Account Details: Specific details of the account(s) where cash collateral will be held
2. Schedule 2 - Authorized Persons: List of persons authorized to give instructions regarding the collateral
3. Schedule 3 - Calculation of Required Collateral: Methodology for calculating required collateral amounts and trigger levels
4. Schedule 4 - Forms of Notice: Standard forms for various notices required under the agreement
5. Schedule 5 - Operating Procedures: Detailed procedures for collateral transfers, valuations, and other operational matters
6. Appendix A - Contact Details: Detailed contact information for both parties for various purposes
7. Appendix B - Bank Account Details: Payment and account details for transfers of collateral and interest
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