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Repurchase agreement meaning

What does Repurchase agreement mean?
A repurchase agreement (repo) is a short-term financing transaction in which one party sells securities (commonly gilts or other bonds, and sometimes equities) for cash and simultaneously agrees to repurchase equivalent securities on a specified future date at a pre-agreed price (the repo price). Economically it resembles a secured loan against securities, but under market-standard documentation legal title to the securities passes to the buyer, who may re-use them; the seller undertakes to buy back later, with the price difference reflecting the repo rate. Terms can be overnight, a few days, or longer. “Repurchase agreement” is a market term rather than a statutory definition; its legal effect is determined by contract, most commonly the ICMA Global Master Repurchase Agreement (GMRA). Typical features include haircuts, daily margining, substitution, events of default, and close-out netting on insolvency or other default. Variants include classic repo, sell/buy-back and tri-party repo. Repos are used for funding, liquidity and collateral management, and in central bank operations (for example, the Bank of England and, in Ireland, the Eurosystem via the Central Bank of Ireland). Usage and mechanics are broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, though parties should consider local property and insolvency law when...
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View the related News about Repurchase agreement

NEWS
Financial services—UK developments 11 April 2024: FCA board minutes; credit reporting and interest-only mortgages; ICMA Global Master Repurchase Agreement legal opinions; Parker Review on ethnic diversity

Beyond the articles reported in depth in the Financial Services news feed on 11 April 2024, subscribers could also find the following extra developments of particular interest: UK Finance: The Parker Review: Progress and challenges for ethnic diversity...

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View the related Practice Notes about Repurchase agreement

PRACTICE NOTES
Practitioner's guide to repo and the English law GMRA: title transfer, recharacterisation, margining, defaults, close-out netting, clearing, and FCAR/SFTR compliance

What is repo? A repo, the market shorthand for a 'repurchase transaction', is an arrangement whereby one party (the seller) sells an asset to another (the buyer) with a simultaneous contractual undertaking that the seller will repurchase the asset from the buyer on a future date for a specified price agreed between both parties in advance. Any asset capable of being transferred from one person to another may, in principle, be the subject of a repo transaction. The assets most commonly used in repos are debt securities (bonds), equity securities (shares) and other financial assets, including loans and commodities. However, commodity repos can raise distinctive documentary, structural and legal issues, which are not addressed in this Practice Note. For guidance on commodity repos, see Practice Note: Commodity repo transactions and true sale considerations...

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PRACTICE NOTES
Sale of Treasury Shares in UK Companies: legal framework, procedures, pre-emption, Listing/AIM compliance, UK MAR, prospectus/financial promotion, DTR 5 disclosures, stamp taxes and Takeover Code

A limited company is permitted to hold, or to transact in, its own shares, provided the conditions in the Companies Act 2006 (CA 2006) are satisfied. Such shares are kept in treasury and are known as the company’s treasury shares. For guidance on how, and why, a company might repurchase its shares to be held in treasury, see Practice Note: Buying back shares into treasury. The rules governing treasury shares are contained in CA 2006, ss 724–732. Breaching any of these provisions (other than CA 2006, s 730—see Practice Note: Cancellation of treasury shares) constitutes an offence by the company and every officer of the company who is in default. A person found guilty of that offence is, on conviction, liable to a fine. Dealing with treasury shares A company may simply retain its treasury shares (see Practice Note: Holding treasury shares)...

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PRACTICE NOTES
EU CBAM definitive regime (2026 onwards): scope, SME de minimis exemption, importer authorisation, embedded emissions, certificates, registry, enforcement, ETS alignment and forthcoming extensions

This Practice Note sets out the obligations under Regulation (EU) 2023/956 of 10 May 2023, which creates the EU’s carbon border adjustment mechanism (the EU CBAM Regulation), as they will apply during the definitive CBAM phase from 1 January 2026 onwards. For further information on the EU CBAM’s transitional phase (which ran from 1 October 2023 to 31 December 2025), please refer to the Practice Note: EU carbon border adjustment mechanism (EU CBAM)—transitional period (2023 to 2025) for more detail. Objectives of the EU CBAM Regulation (EU) 2023/956, establishing a carbon border adjustment mechanism (the EU CBAM Regulation), was published in the Official Journal of the EU on 16 May 2023. Under Article 1, its overarching purpose is to address greenhouse gas emissions embedded in in-scope products upon their import into the EU. It does this by levying an additional charge on imports of specified goods, aiming to avert the risk of carbon leakage and to reduce global carbon emissions, in line with the Paris Agreement (adopted under...

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View the related Precedents about Repurchase agreement

PRECEDENTS
Precedent: distributor’s termination letter to manufacturer—ending distribution agreement (notice, for breach or convenience, performance during notice, post-termination obligations, return/destruction of materials, stock repurchase)

[ Manufacturer ] [ Address ] Dear [ Manufacturer ], Distribution Agreement dated [ insert date ] (the Agreement) [ This correspondence reflects our recent discussions. ] Pursuant to clause [ specify number of clause containing termination provision ], kindly regard this letter as [ [ eg 90 ] days’ OR immediate ] notice to terminate the Agreement. [ Accordingly, the Agreement will terminate on [ date ]. ]...

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