Ƶ

Stock Lending Agreement for Switzerland

Stock Lending Agreement Template for Switzerland

A comprehensive legal agreement governed by Swiss law that establishes the framework for securities lending transactions between two parties. The agreement details the terms and conditions for the temporary transfer of securities from a lender to a borrower in exchange for collateral, while ensuring compliance with Swiss financial regulations, particularly FINMA requirements and the Federal Act on Financial Market Infrastructures. It covers crucial aspects such as transfer mechanisms, collateral management, corporate actions, fee structures, and default scenarios, incorporating specific Swiss legal requirements for financial contracts and securities transactions.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Stock Lending Agreement

Let Ƶ's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.

What is a Stock Lending Agreement?

The Stock Lending Agreement is a critical document used in Swiss financial markets to facilitate the temporary transfer of securities between financial institutions. It is particularly relevant when institutions need to cover short positions, support market-making activities, or generate additional revenue from their securities holdings. The agreement must comply with Swiss regulatory requirements, including FINMA regulations, the Federal Act on Financial Market Infrastructures, and the Swiss Federal Code of Obligations. It includes detailed provisions for collateral management, risk mitigation, corporate actions processing, and default handling. This document is essential for financial institutions operating in Switzerland and must incorporate specific Swiss legal requirements regarding financial contracts, securities transfers, and regulatory reporting obligations.

What sections should be included in a Stock Lending Agreement?

1. Parties: Identification of the lender and borrower, including full legal names, registration details, and addresses

2. Background: Context of the agreement, establishing the parties' intentions to enter into securities lending transactions

3. Definitions: Comprehensive list of defined terms used throughout the agreement

4. Loans of Securities: Core provisions governing the lending and borrowing of securities, including initiation process and confirmation requirements

5. Transfer of Securities: Mechanics and procedures for transferring securities between parties

6. Collateral Requirements: Provisions regarding posting, maintaining, and returning collateral, including margin requirements

7. Income and Corporate Actions: Treatment of dividends, interest, rights issues and other corporate actions affecting borrowed securities

8. Fees and Charges: Lending fees, rates, payment mechanisms and timing

9. Tax Provisions: Treatment of withholding tax, tax credits, and manufactured payments

10. Representations and Warranties: Standard representations by both parties regarding capacity, authority, and compliance

11. Events of Default: Definition of default events and consequences

12. Termination: Provisions for ending individual loans and the agreement itself

13. Set-off Rights: Rights to set off obligations between parties

14. Governing Law and Jurisdiction: Swiss law as governing law and jurisdiction provisions

What sections are optional to include in a Stock Lending Agreement?

1. Agency Provisions: Required when either party acts as agent for multiple principals

2. Custody Arrangements: Needed when involving third-party custodians for securities or collateral

3. Electronic Trading Platform: Required when transactions will be executed through specific trading platforms

4. Special Custody Requirements: Needed for specific types of securities requiring special handling

5. Triparty Arrangements: Required when using triparty collateral management services

6. Buy-in Procedures: Detailed procedures for buy-in rights, if not covered in main sections

What schedules should be included in a Stock Lending Agreement?

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 - Fee Schedule: Detailed breakdown of fees, rates and charges

4. Schedule D - Standard Settlement Instructions: Account details and settlement procedures for both parties

5. Schedule E - Forms of Notices: Standard forms for borrowing requests, recalls, and other notices

6. Appendix 1 - Tax Documentation: Required tax forms and documentation

7. Appendix 2 - Contact Details: List of authorized personnel and contact information for both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Switzerland

Publisher

Ƶ

Document Type

Security Agreement

Cost

Free to use
Relevant legal definitions

















































Clauses






























Relevant Industries

Banking

Asset Management

Securities Services

Investment Banking

Insurance

Pension Funds

Hedge Funds

Wealth Management

Financial Market Infrastructure

Broker-Dealer Services

Relevant Teams

Legal

Securities Operations

Collateral Management

Trading

Risk Management

Compliance

Securities Lending

Portfolio Management

Settlement

Client Relations

Product Management

Operations

Documentation

Relevant Roles

Legal Counsel

Securities Operations Manager

Collateral Manager

Trading Desk Manager

Risk Manager

Compliance Officer

Securities Lending Trader

Portfolio Manager

Settlement Officer

Relationship Manager

Product Manager - Securities Services

Head of Trading

Chief Operating Officer

Chief Risk Officer

Legal Documentation Specialist

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Security Interest Contract

A Swiss law-governed agreement creating security interests over assets to secure financial obligations, establishing terms for collateral pledge and enforcement.

Download

Personal Information Confidentiality Agreement

A Swiss law-governed confidentiality agreement for protecting personal information, ensuring compliance with Swiss FDPA and related regulations.

Download

Data Privacy Contract

A Swiss law-governed agreement establishing data processing terms between parties, ensuring compliance with FADP and related regulations.

Download

Broker Dealer Referral Agreement

Swiss law-governed agreement establishing terms for broker-dealer referral arrangements, ensuring compliance with Swiss financial regulations while protecting both parties' interests.

Download

Note And Warrant Purchase Agreement

A Swiss law-governed agreement combining debt financing through notes with equity participation through warrants, typically used for growth company financing.

Download

Commercial Pledge Agreement

A Swiss law-governed security agreement creating a pledge over commercial assets in favor of a lender or security agent, subject to Swiss Civil Code requirements.

Download

Collateral Account Control Agreement

A Swiss law agreement establishing control mechanisms over a collateral account between an account holder, secured party, and account bank.

Download

Credit And Security Agreement

A Swiss law-governed agreement establishing credit facility terms and related security arrangements, combining lending provisions with collateral requirements under Swiss banking regulations.

Download

Security Control Agreement

A Swiss law-governed agreement establishing security control measures, compliance standards, and operational procedures for protecting sensitive information and systems.

Download

Inventory Security Agreement

A Swiss law security agreement creating a security interest over a company's inventory, including provisions for monitoring and enforcement under Swiss law.

Download

Reinsurance Security Agreement

A Swiss-law governed agreement establishing security arrangements and collateral requirements between reinsurer and cedent, ensuring regulatory compliance under Swiss insurance laws.

Download

Debenture Subscription Agreement

A Swiss law agreement governing the terms of debenture subscription between issuers and investors, compliant with Swiss financial regulations.

Download

Title Transfer Collateral Agreement

A Swiss law-governed agreement for transferring ownership of collateral as security for financial obligations, compliant with Swiss financial regulations and FISA.

Download

Third Party Pledge Agreement

A Swiss law-governed security agreement where a third party pledges assets to secure another party's obligations, structured in accordance with Swiss pledge requirements.

Download

Convertible Debenture Agreement

Swiss law-governed agreement establishing terms for a debt instrument convertible into company shares, including principal, interest, and conversion rights.

Download

Collateral Security Agreement

A Swiss law agreement establishing security interests over collateral assets to secure specified obligations, governed by Swiss security and property laws.

Download

Receivables Pledge Agreement

Swiss law governed security agreement creating a pledge over receivables, typically used in secured financing transactions.

Download

Master Security Agreement

Swiss law-governed security agreement establishing and regulating security interests over various assets to secure financial obligations.

Download

Collateral Sharing Agreement

A Swiss law agreement establishing the framework for multiple creditors to share and manage security interests in collateral, defining priorities and enforcement rights under Swiss banking and security laws.

Download

Stock Lending Agreement

Swiss law-governed agreement establishing terms for securities lending transactions, compliant with FINMA regulations and Swiss financial market legislation.

Download

Share Security Agreement

A Swiss law-governed agreement creating security over shares as collateral for financial obligations, establishing pledge rights and enforcement mechanisms.

Download

Promissory Note And Security Agreement

A Swiss law-governed document combining a formal promise to pay with security arrangements, establishing both debt obligations and collateral rights under Swiss legal framework.

Download

Property Collateral Agreement

A Swiss law-governed agreement establishing security interests over real property as collateral for specified obligations, compliant with Swiss property and security laws.

Download

Pledge And Security Agreement

A Swiss law agreement establishing security interests over assets, detailing pledge arrangements and enforcement rights in compliance with Swiss federal law.

Download

Security Purchase Agreement

A Swiss law-governed agreement documenting the terms and conditions for the purchase and sale of securities, ensuring compliance with Swiss financial regulations and market requirements.

Download

Security Loan Agreement

A Swiss-law governed agreement establishing terms for securities lending transactions between financial institutions, including collateral arrangements and regulatory compliance requirements.

Download

Master Repurchase Agreement

Swiss law-governed framework agreement for repurchase transactions between financial institutions, incorporating Swiss regulatory requirements and market practices.

Download

Convertible Equity Agreement

A Swiss law investment agreement allowing conversion of investment into company equity shares under specified conditions and triggers.

Download

Asset Pledge Agreement

A Swiss law security document creating a pledge over assets as collateral for obligations, structured in accordance with Swiss Civil Code requirements.

Download

Warrant Purchase Agreement

A Swiss law-governed agreement establishing terms for the purchase and sale of warrants, including exercise rights and regulatory compliance requirements.

Download

Intellectual Property Security Agreement

A Swiss law-governed agreement establishing security interests over intellectual property assets as collateral for financial obligations.

Download

Pledge Of Shares Agreement

A Swiss law agreement creating a pledge over shares as security for specified obligations, including creation, maintenance, and enforcement provisions under Swiss law.

Download

Loan Collateral Agreement

A Swiss law-governed agreement establishing security interests over assets to secure loan obligations, compliant with Swiss Civil Code and Code of Obligations requirements.

Download

Film Investment Contract

A Swiss law-governed agreement establishing terms and conditions for film project investment, including financial structure, rights, and obligations.

Download

Collateral Pledge Agreement

A Swiss law security agreement creating a pledge over assets as collateral for obligations, incorporating specific requirements under Swiss secured transactions law.

Download

Account Pledge Agreement

A Swiss law-governed agreement establishing a pledge over bank accounts as security for financial obligations.

Download

Loan And Security Agreement

A Swiss law-governed agreement combining loan provisions with security arrangements, detailing both lending terms and collateral requirements in a single document.

Download

Security Sharing Agreement

A Swiss law-governed agreement establishing terms for securities sharing between financial institutions, including regulatory compliance and operational procedures.

Download

Repurchase Agreement

Swiss law-governed agreement for securities repurchase transactions, establishing framework for secured lending through sale and repurchase of securities.

Download

Convertible Note Purchase Agreement

A Swiss law agreement governing the issuance of convertible notes, documenting terms for debt that can convert to equity under specified conditions.

Download
See more related templates

ұԾ’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ұԾ’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it