2013-02-19
The National Bank of Serbia issued this Master Agreement to establish the legal framework for outright purchase and sale transactions with commercial banks. The document defines key terms, outlines eligibility requirements, and mandates that each transaction be formalized through a separate agreement executed via auctions or bilateral negotiations. It further specifies settlement procedures through the Central Securities Depository and establishes Belgrade courts as the competent jurisdiction for resolving disputes.
The National Bank of Serbia, Belgrade, 12 Kralja Petra Street, represented under the governor’s authorisation by ___________________________ (hereinafter: National Bank of Serbia), and (bank name and head office) (hereinafter: bank), represented by the president of the bank’s executive board and member of the bank’s executive board__________, enter into MASTER AGREEMENT ON THE OUTRIGHT PURCHASE AND SALE OF SECURITIES General provisions Article 1 The parties hereto agree to base their mutual relations in respect of the outright purchase/sale of securities on this Agreement and the decision on the terms and manner of implementing open market operations (hereinafter: Decision), as well as on regulations of the National Bank of Serbia (NBS) laid down for the purpose of implementing the Decision. Article 2 For the purpose of this Agreement, an outright transaction means the purchase and sale of securities where one party (the seller) agrees to sell securities to the other party (the buyer) against the agreed payment of the purchase price by the buyer to the seller. Article 3 The subject of outright transactions shall be the securities as set out by the Decision. Article 4 A bank may enter into transactions of outright purchase/sale of securities with the NBS provided it meets the terms and conditions as set out by the Decision. Article 5 To enter into transactions of outright purchase/sale of securities within the
2 meaning of this Agreement, a bank shall submit to the NBS the data stipulated by the guidelines issued for the purpose of implementing the Decision. A bank shall immediately notify the NBS of any change in the data referred to in paragraph 1 hereof. Definitions Article 6 For the purpose of this Agreement, certain terms shall mean as follows:
3 The separate agreement referred to in paragraph 2 hereof shall be integral to this Agreement. Article 8 In cases when an outright transaction between the NBS and a bank was effected at an auction, a separate agreement shall be made and submitted to the bank, as a rule through the web platform; such agreement shall be deemed entered into once the NBS has accepted the bank’s bid for securities purchase/sale in full or in part. If due to technical problems in operation of the web platform it is not possible to submit the separate agreement to a bank as specified in paragraph 1 hereof, the NBS shall submit the separate agreement to the bank via email or telefax if due to technical reasons the agreement cannot be sent by email. In cases when an outright transaction between the NBS and the bank was effected bilaterally, the separate agreement shall be made and submitted to the bank in writing. Article 9 The parties hereto agree that the separate agreement shall contain in particular the following main data:
4 For the purpose of settling obligations referred to in paragraph 1 hereof or meeting the requirements for clearing and settlement, the seller of securities shall ensure that securities being subject of an outright transaction are in his holding account, whereas the buyer shall transfer money to the corresponding account within the Central Securities Depository run in the RTGS, fully in line with the separate agreement entered-into. Article 11 If a bank defaults on its obligations in respect of the separate agreement entered-into, the NBS may restrict to the bank the performance of transactions of securities purchase/sale in line with the Decision. Final provisions Article 12 The clearing and settlement of liabilities and claims in respect of securities and money, arising from securities purchase/sale transactions entered into under this Agreement, shall be performed by the Central Securities Depository as stipulated by regulations of the Central Securities Depository. Article 13 If subject of an outright transaction are NBS securities and if the due date of such securities is not a business day, the obligations arising from such securities shall be settled the first business day following their due date. Article 14 The parties hereto agree to resolve amicably any disputable issues under this Agreement. In the event of a dispute, Belgrade court shall be the court of competent jurisdiction. Article 15 This Agreement has been made out in four (4) identical counterparts, two (2) to be retained by each of the parties thereto. FOR THE NATIONAL BANK OF SERBIA FOR THE BANK