The Overnight Reverse Repurchase Agreement is a critical instrument in Indonesian financial markets, used for short-term liquidity management and secured lending operations. This document is specifically tailored to comply with Indonesian financial regulations, including Bank Indonesia directives and OJK (Financial Services Authority) requirements. It is typically used when financial institutions need to manage their overnight liquidity positions or when engaging in short-term secured funding transactions. The agreement covers essential elements such as securities transfer, pricing mechanisms, margin maintenance, and default procedures, while incorporating specific Indonesian legal requirements for financial transactions. It is particularly relevant for institutions operating in Indonesian money markets and needs to be updated periodically to reflect changes in local regulatory requirements and market practices.
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1. Parties: Identification of the parties entering into the agreement - typically a financial institution and a counterparty
2. Background: Context of the agreement and brief explanation of a reverse repo transaction
3. Definitions: Definitions of key terms used throughout the agreement, including 'Purchase Date', 'Repurchase Date', 'Securities', 'Purchase Price', etc.
4. Purchase and Sale: Core transaction terms including the agreement to sell and buy back securities
5. Pricing and Payment Terms: Details of purchase price, repurchase price, and pricing calculations
6. Securities Transfer: Mechanics and timing of securities transfer between parties
7. Income Payments: Treatment of income or distributions on the securities during the repo period
8. Margin Maintenance: Requirements for maintaining margin and processes for margin calls
9. Events of Default: Definition of default events and consequences
10. Rights on Default: Remedies available to the non-defaulting party
11. Representations and Warranties: Standard representations from both parties
12. Tax Provisions: Treatment of taxes and tax-related obligations
13. Notices: Communication requirements and contact details
14. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction provisions
1. Substitution of Securities: Optional provision allowing for substitution of securities during the repo period - include if parties want this flexibility
2. Buy/Sell Back Annex: Alternative structure for the transaction - include if using buy/sell back format rather than classic repo
3. Agency Provisions: Include if either party may act as agent for third parties
4. Electronic Trading: Include if transactions may be executed through electronic platforms
5. Force Majeure: Optional broader force majeure provisions beyond standard market disruption
6. Netting Provisions: Include if parties want to enable cross-transaction netting
1. Schedule 1 - Form of Confirmation: Standard form for transaction confirmations
2. Schedule 2 - Eligible Securities: List and characteristics of securities eligible for repo transactions
3. Schedule 3 - Margin Calculations: Detailed methodology for calculating and maintaining margin
4. Schedule 4 - Contact Details: Operational and legal contact information for both parties
5. Appendix A - Standard Market Calculations: Standard methods for price and interest calculations
6. Appendix B - Forms of Notices: Standard forms for margin calls, substitution notices, and other communications
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