The Collateral Transfer Agreement (CTA) – creates the obligation to post security and defines the mechanics for calculating the amount of security to be transferred and the date of thought of transfers. The models are available under English and New York law as well as on a multi-regime basis. The CTA creates the link with isda Master Framework. There are two versions of the security agreement, one for the use of the Clearstream collateral account on behalf of the security provider (pledgor/ad part) and the other for use when the Clearstream collateral account is in the name of the security collector (Pledgee/Collection Party). The 2016 version of the security agreement is designed to be used when the Clearstream support account is in the security provider`s name. The 2017 version of the security agreement is designed to be used when the Clearstream collateral account is in the name of the security-taker, and this version should be used when the parties intend to use the recommended modification provisions for Japanese warranties (“shichiken”). These can be used with one of two versions of the Collateral Transfer Agreement. The Novation agreement was prepared to allow the parties to move from the 2016 version of the security agreement to the 2017 version. But here`s the table football. To post or get guarantees, it is very likely that you must have on board the favorite ICSD with each man… Clearstream. Until September 2020. Remember, UMR IM is a rude two-way obligation, it`s not just about where you`re going to post, you also need to take into account where your counterparts want to post you! For questions about these webinars or ISDA IM documentation, please contact ISDALegal@isda.org.
There are two versions of the 2019 security agreement, one for using the Clearstream support account on behalf of the security provider and the other for use when the Clearstream support account is located in the security-taker`s name. This latter version should be used when the parties wish to include the recommended amendment provisions for the Clearstream 2017 Security ACCORD for Japanese guarantees (“shichiken”), which are provided as separate documents and are included as an option, as they are intended to be used later with the 2019 versions of Clearstream documents. The 2019 versions of these documents have been updated to reflect changes to the 2018 Credit Support Annex For Initial Margin (IM) and 2018 Credit Support Deed For Initial Margin (IM) (IM) from September 2018. The current legislation of the collateral transfer agreement is contrary to the existing legislation of the underlying ISDA master contract. Parties applying a French master isda should include the “Recommended Amendment Provisions of the ISDA Clearstream CTA for use with the French ISDA Master Agreement” legislation, which are provided in the form of a separate document. The webinars will present the new documentation im and present the main provisions of the new documents. Each webinar focuses on a different aspect of the documents and has been designed to be self-contained so that you can view unique topics of interest in a short time or check the entire series for a more general overview.