The Short Sale Agreement serves as the primary contractual framework for conducting short selling activities in the Belgian financial markets. This document is essential when an investor (short seller) wishes to sell securities they don't own, with the intention of buying them back later at a lower price. The agreement, governed by Belgian law and EU regulations, outlines critical aspects such as securities borrowing arrangements, margin requirements, settlement procedures, and risk management protocols. It ensures compliance with the Belgian Financial Law of 2014 and relevant EU directives, particularly regarding transparency and market abuse prevention. The document is typically used by financial institutions, professional investors, and broker-dealers operating in Belgian financial markets, and includes specific provisions for regulatory reporting, risk disclosures, and market conduct requirements unique to the Belgian jurisdiction.
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1. Parties: Identification of the parties entering into the agreement, including the seller (short seller) and the broker/dealer
2. Background: Context of the agreement and brief explanation of the short sale transaction
3. Definitions: Definitions of key terms used throughout the agreement
4. Short Sale Terms: Core terms of the short sale, including securities involved, quantity, and pricing mechanism
5. Margin Requirements: Details of initial and maintenance margin requirements, including calculation methods
6. Settlement Procedures: Procedures for settling the short sale transaction, including delivery obligations
7. Rights and Obligations: Detailed responsibilities of each party throughout the duration of the short position
8. Risk Disclosure: Mandatory risk warnings and acknowledgments
9. Representations and Warranties: Standard representations and warranties from both parties
10. Events of Default: Definition of default events and consequences
11. Termination: Conditions and procedures for closing out the short position or terminating the agreement
12. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
1. Securities Borrowing Arrangements: Details of securities borrowing arrangement if the broker will facilitate the borrowing of securities
2. Credit Support: Additional credit support or collateral arrangements if required
3. Electronic Trading Provisions: Specific terms for electronic trading if applicable
4. Tax Provisions: Specific tax-related provisions if needed for cross-border transactions
5. Market Making Activities: Special provisions for market makers or authorized traders
6. Force Majeure: Provisions for extraordinary market events or circumstances
1. Schedule 1 - Eligible Securities: List of securities eligible for short selling under the agreement
2. Schedule 2 - Fee Schedule: Detailed breakdown of all applicable fees, charges, and commission rates
3. Schedule 3 - Margin Calculations: Detailed methodology for calculating margin requirements
4. Schedule 4 - Settlement Instructions: Specific settlement and payment instructions for both parties
5. Appendix A - Risk Disclosure Statement: Detailed risk disclosure statement as required by Belgian regulations
6. Appendix B - Compliance Requirements: Summary of relevant regulatory requirements and compliance obligations
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Investment Banking
Securities Trading
Asset Management
Hedge Funds
Investment Management
Banking
Professional Services
Financial Technology
Relevant Teams
Legal
Compliance
Trading
Risk Management
Operations
Securities Lending
Settlement
Treasury
Investment Management
Regulatory Reporting
Middle Office
Back Office
Relevant Roles
Trading Director
Compliance Officer
Risk Manager
Securities Lending Manager
Legal Counsel
Investment Manager
Portfolio Manager
Securities Operations Manager
Regulatory Reporting Officer
Treasury Manager
Chief Investment Officer
Senior Trader
Back Office Manager
Financial Controller
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