Stock Lending Agreement

Stock Lending Agreement Template for Denmark

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Document background

This Stock Lending Agreement is designed for use in securities lending transactions under Danish law, primarily between financial institutions such as banks, investment funds, pension funds, and broker-dealers. The agreement is essential for parties engaging in securities lending activities in the Danish market, providing a comprehensive framework that addresses all aspects of the lending relationship, from loan initiation to termination. It incorporates specific requirements under Danish financial regulations, including the Danish Capital Markets Act and Securities Trading Act, while ensuring compliance with broader EU regulatory requirements. The document includes detailed provisions for collateral management, corporate actions, default scenarios, and operational procedures, making it suitable for both domestic and cross-border lending activities involving Danish market participants.

Suggested Sections

1. Parties: Identification of the lender and borrower, including their legal status and registered addresses

2. Background: Context of the agreement and general purpose of the stock lending arrangement

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

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

5. Transfer of Securities: Mechanisms and requirements for the transfer of securities between parties

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

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

8. Fees and Payments: Lending fees, payment mechanisms, and treatment of manufactured dividends

9. Tax Provisions: Treatment of tax obligations and withholding requirements

10. Representations and Warranties: Standard representations and warranties from both parties

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

12. Set-off Rights: Rights of set-off between parties

13. Termination Provisions: Circumstances and procedures for termination of loans and the agreement

14. Notices: Requirements for formal communications between parties

15. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

Optional Sections

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

2. Automated Trading Interface: Include when parties use electronic trading systems for loan initiation

3. Custody Arrangements: Required when specific custody arrangements need to be documented

4. Central Counterparty Provisions: Include when transactions will be cleared through a CCP

5. Special Market Requirements: Include when lending involves securities from specific markets with unique requirements

6. Force Majeure: Optional expanded provisions for market disruption events

7. Data Protection: Required when personal data processing is involved in the arrangement

Suggested Schedules

1. Schedule 1 - Eligible Securities: List of securities eligible for lending under the agreement

2. Schedule 2 - Eligible Collateral: Acceptable forms of collateral and associated haircuts

3. Schedule 3 - Fee Schedule: Detailed fee arrangements and calculation methodologies

4. Schedule 4 - Operating Procedures: Detailed operational procedures for loans and returns

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

6. Schedule 6 - Contact Details: Contact information for operational and legal notices

7. Appendix A - Tax Documentation: Required tax forms and documentation

8. Appendix B - Settlement Instructions: Standard settlement instructions for both parties

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