Tripartite agreements are a common feature of commodity financing and their use may intensify, with regulations aimed at strengthening the clearing of derivatives. It is important that, in the negotiation of these agreements, the parties be sensitive to the legal issues that may arise and the commercial concerns of other parties. The lender will want the right to violate the tripartite agreement by requiring the broker to close the client`s open positions on the account. In general, these rights are very broad in tripartite agreements and do not require, for example, defaults under the facility agreement. This reflects the convenience of the lender and a broker with its standard form. However, it may be worrying for a client who has negotiated that only the appearance of certain default events (including perhaps the termination of collateral contracts) would allow the lender to accelerate its facility. The lender wants to take security on trades and other goods held in the brokerage account. It will also want to take over the guarantee on the client`s rights against the broker with regard to the account (z.B. payment rights in connection with trades held in the account). Our extensive tripartite deposit solution includes: The new model generally involves the separation of responsibilities between premium brokers and deposits, with custodians holding and serving long assets and providing financing and lending to brokers. In this developing model, which allows each party to focus on its strengths, a bank manager can play the role of collateral manager for both the hedge fund and the first broker.

While the fixed guarantee has obvious advantages over floating security, it requires the lender to control the assets, i.e. the hedging account and the proceeds of that account. This standard is very difficult to meet with respect to security on brokerage accounts managed by a third-party broker and, in any case, would make the backup account cumbersome. Model development: complementary, non-competitiveSSody was traditionally a large-scale activity that supported large institutions such as investment funds and pension funds, which require a high level of automation. On the other hand, premium brokers offered a wider range of services tailored to relatively smaller financial companies, such as hedge funds, with aggressive asset and portfolio service delays, to support hedge fund trading strategies. While there have been some duplication of services, bank conservatives and bonus brokers have rarely clashed. However, the scale of recent liquidity problems and the resolute search for solutions have led to the complementarity of the first brokers and custodian banks, instead of competing while working on a new hybrid service model. Operating second flowsIf a hedge fund places guarantees with a deposit bank, premium brokers can continue to use these guarantees as an initial margin. This tripartite structure allows premium brokers to continue to negotiate with hedge fund managers while assuring all players that their money is better protected. It is important to distinguish between the place and by whom the heritage holds and the right that each party has over the heritage.