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The Bilateral Netting of Qualified Financial Contracts Act, 2020 Section 5
Title: Enforceability of netting
State: Central
Year: 2020
(1) Netting of the qualified financial contract shall be enforceable--- (a) where such contract is entered into with a netting agreement, in accordance with the terms of the netting agreement: Provided that the inclusion of any...
View Complete Act List Judgments citing this sectionThe Bilateral Netting of Qualified Financial Contracts Act, 2020 Section 7
Title: Net amount
State: Central
Year: 2020
(1) Where parties to the qualified financial contract enter into a netting agreement, the net amount payable under the close-out netting shall be determined in accordance with the terms of the netting agreement entered into by...
View Complete Act List Judgments citing this sectionThe Bilateral Netting of Qualified Financial Contracts Act, 2020 Section 6
Title: Invocation of close-out netting
State: Central
Year: 2020
(1) Close-out netting may be commenced by a notice given by one party to the other party of a qualified financial contract upon the occurrence of an event of default with respect to the other party...
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The Bilateral Netting of Qualified Financial Contracts Act, 2020 Section 2
Title: Definitions
State: Central
Year: 2020
(1) In this Act, unless the context otherwise requires,-- (a) "administration" means proceedings of the nature of placing under administration and includes imposition of moratorium, reorganisation, winding up, liquidation (including any compulsory winding up procedure or...
View Complete Act List Judgments citing this sectionThe Bilateral Netting of Qualified Financial Contracts Act, 2020 Complete Act
State: Central
Year: 2020
Section1 - Short title and commencement Section2 - Definitions Section3 - Applicability of Act Section4 - Powers of authority Section5 - Enforceability of netting Section6 - Invocation of close-out netting Section7 - Net amount Section8 -...
List Judgments citing this sectionThe Bilateral Netting of Qualified Financial Contracts Act, 2020 Section 8
Title: Limitations on powers of administration practitioner
State: Central
Year: 2020
The administration practitioner shall not render or seek to render ineffective,-- (a) any transfer, substitution or exchange of cash, collateral or any other interests under or in connection with a netting agreement between the insolvent party...
View Complete Act List Judgments citing this sectionThe Bilateral Netting of Qualified Financial Contracts Act, 2020 Section 1
Title: Short title and commencement
State: Central
Year: 2020
(1) This Act may be called the Bilateral Netting of Qualified Financial Contracts Act, 2020. (2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint,...
View Complete Act List Judgments citing this sectionThe Bilateral Netting of Qualified Financial Contracts Act, 2020 Section 3
Title: Applicability of Act
State: Central
Year: 2020
The provisions of this Act shall apply to a qualified financial contract entered into on a bilateral basis between qualified financial market participants, either under a netting agreement or otherwise, where at least one of such...
View Complete Act List Judgments citing this sectionThe Bilateral Netting of Qualified Financial Contracts Act, 2020 Section 4
Title: Powers of authority
State: Central
Year: 2020
The relevant authority may, by notification,-- (a) designate any bilateral agreement or contract or transaction, or type of contract regulated by it, as qualified financial contract: Provided that the contract, so designated under this clause, shall...
View Complete Act List Judgments citing this sectionThe Bilateral Netting of Qualified Financial Contracts Act, 2020 Section 9
Title: Power to amend Schedules
State: Central
Year: 2020
(1) If the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification, add to or otherwise amend the First Schedule or the Second Schedule and thereupon, the First...
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