The Short Sale Agreement is essential in financial markets where parties engage in short selling activities. This document, governed by English and Welsh law, is typically used when an investor or trader wishes to profit from a anticipated decline in a security's price. The agreement outlines the complete framework for the short sale transaction, including borrowing arrangements, settlement terms, margin requirements, and regulatory compliance obligations. It must comply with UK financial services regulations, particularly the Financial Services and Markets Act 2000 and FCA requirements. The Short Sale Agreement is crucial for risk management and establishing clear legal obligations between all involved parties.
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1. Parties: Identification of the parties entering into the agreement
2. Background: Context and purpose of the short sale agreement
3. Definitions: Key terms used throughout the agreement
4. Sale Terms: Specific terms of the short sale, including price and quantity
5. Settlement Provisions: Terms for settling the short sale transaction
6. Representations and Warranties: Statements of fact and assurances from both parties
7. Governing Law: Specification of applicable law and jurisdiction
1. Margin Requirements: Terms for maintaining margin requirements when dealing with leveraged transactions
2. Default Provisions: Consequences of default by either party, recommended for higher risk transactions
3. Broker Arrangements: Terms relating to broker involvement when a broker is part of the transaction
1. Schedule 1 - Securities Details: Detailed information about the securities being sold short
2. Schedule 2 - Calculation Methods: Methods for calculating prices, margins, and other financial terms
3. Appendix A - Required Notices: Forms and formats for required notices between parties
4. Appendix B - Compliance Requirements: Specific regulatory compliance requirements and procedures
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