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Short Sale Agreement Form

Short Sale Agreement Form Template for England and Wales

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Key Requirements PROMPT example:

Short Sale Agreement Form

"Need a Short Sale Agreement Form for a UK-based hedge fund client planning to short sell technology sector stocks through our brokerage, with specific provisions for automated trading and high-frequency transactions starting March 2025."

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Document background
The Short Sale Agreement Form is essential for parties engaging in short selling activities in the UK financial markets. This document is used when a trader or institution wishes to sell borrowed securities, anticipating a decline in their value. The agreement must comply with English and Welsh law, including the Financial Services and Markets Act 2000, FCA regulations, and retained EU legislation such as the Market Abuse Regulation. It typically includes detailed provisions on securities lending, margin requirements, settlement procedures, default scenarios, and regulatory reporting obligations. The form is particularly crucial for ensuring compliance with UK short selling regulations and maintaining clear documentation of trading arrangements.
Suggested Sections

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 and Purchase: Core terms of the short sale transaction

5. Price and Payment: Financial terms including price, payment method and timing

6. Representations and Warranties: Standard declarations by both parties

7. Closing Conditions: Conditions that must be met to complete the transaction

8. Governing Law and Jurisdiction: Specification of applicable law and courts

Optional Sections

1. Margin Requirements: Terms for maintaining margin requirements when dealing with regulated financial institutions

2. Default Provisions: Consequences of default by either party, typically included in higher-value transactions

3. Term and Termination: Duration and termination provisions for ongoing arrangements

4. Regulatory Compliance: Specific regulatory obligations when dealing with regulated entities

Suggested Schedules

1. Schedule 1 - Securities Details: Details of the securities subject to short sale

2. Schedule 2 - Calculation of Payments: Detailed payment calculations and methodologies

3. Schedule 3 - Form of Trade Confirmation: Standard form for confirming individual trades

4. Appendix A - Regulatory Notifications: Required regulatory forms and notifications

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions





























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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Financial Services and Markets Act 2000 (FSMA): Primary legislation that regulates financial services and markets in the UK, contains provisions about market abuse, and sets requirements for authorized persons

Financial Services Act 2012: Updates and amends FSMA, strengthens the regulatory framework, and addresses market manipulation concerns

Market Abuse Regulation (EU) 596/2014 (MAR): Retained in UK law post-Brexit, regulates market manipulation and insider dealing, and sets disclosure requirements

Short Selling Regulation (EU) No 236/2012: Retained in UK law post-Brexit, specifically regulates short selling activities and sets notification requirements

FCA Handbook: Contains detailed rules and guidance, particularly COBS (Conduct of Business Sourcebook), sets out requirements for disclosure and client communications

Companies Act 2006: Primary legislation governing company operations, relevant for share dealings, corporate disclosure requirements, and directors' duties

Contract Law principles: Common law principles of contract formation, including Misrepresentation Act 1967 and Unfair Contract Terms Act 1977

Financial Collateral Arrangements (No.2) Regulations 2003: Regulations governing security arrangements and financial collateral in financial transactions

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

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