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Securities Lending Agreement
I need a Securities Lending Agreement for my UAE-based investment bank to facilitate lending of UAE-listed equities to institutional borrowers, with specific provisions for Sharia compliance and integration with our electronic trading platform.
1. Parties: Identification of the lender and borrower, including their regulatory status and capacity
2. Background: Recitals explaining the purpose of the agreement and parties' authority to enter into securities lending transactions
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and interpretation rules
4. Loans of Securities: Core provisions governing the lending and borrowing of securities, including initiation process and terms
5. Transfer of Securities and Collateral: Mechanics and requirements for transferring securities and collateral
6. Collateral Requirements: Rules for calculating, delivering, and maintaining collateral, including margin requirements
7. Income and Corporate Actions: Treatment of dividends, rights issues, and other corporate actions affecting loaned securities
8. Rates and Fees: Lending fees, rebate rates, and other economic terms
9. Tax Provisions: Handling of tax matters, including withholding tax and manufactured payments
10. Events of Default: Definition of default events and consequences
11. Close-out and Set-off: Procedures for terminating transactions and calculating settlement amounts
12. Representations and Warranties: Standard and specific representations regarding capacity, authority, and compliance
13. Covenants: Ongoing obligations of the parties
14. Indemnities: Scope of indemnification obligations
15. Termination: Terms for ending the agreement and individual transactions
16. Notices: Communication procedures and contact details
17. Governing Law and Jurisdiction: UAE law as governing law and jurisdiction provisions
1. Agency Provisions: Required when either party acts as agent for multiple principals
2. Sharia Compliance: Required for Islamic financial institutions or Sharia-compliant transactions
3. Central Counterparty Provisions: Required when transactions are cleared through a central counterparty
4. Automatic Early Termination: Optional provisions for automatic termination upon certain events
5. Third Party Rights: Required when rights are granted to non-parties
6. Electronic Trading Provisions: Required when transactions will be executed electronically
7. Force Majeure: Optional provisions for handling extraordinary events
8. Market Disruption: Optional provisions addressing market disruption events
1. Schedule A - Eligible Securities: List of securities eligible for lending under the agreement
2. Schedule B - Eligible Collateral: Approved forms of collateral and applicable haircuts
3. Schedule C - Agency Terms: Detailed terms applicable to agency transactions
4. Schedule D - Fee Schedule: Detailed fee calculations and rates
5. Schedule E - Operations Guidelines: Operational procedures and contact information
6. Schedule F - Forms: Standard forms for loan confirmations and notices
7. Appendix 1 - UAE Regulatory Requirements: Specific provisions required by UAE regulations
8. Appendix 2 - Tax Documentation: Required tax forms and procedures
Authors
Banking and Financial Services
Investment Management
Securities Trading
Asset Management
Wealth Management
Islamic Banking
Capital Markets
Financial Technology
Investment Banking
Institutional Investment
Legal
Compliance
Risk Management
Trading
Operations
Treasury
Investment Management
Documentation
Market Operations
Collateral Management
Securities Operations
Investment Compliance
Middle Office
Chief Investment Officer
Head of Securities Lending
Legal Counsel
Compliance Officer
Risk Manager
Trading Director
Operations Manager
Treasury Manager
Portfolio Manager
Collateral Manager
Securities Operations Officer
Investment Compliance Manager
Documentation Specialist
Head of Market Operations
Senior Trading Associate
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