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Stock Lending Agreement Template for Ireland

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Key Requirements PROMPT example:

Stock Lending Agreement

"I need a Stock Lending Agreement under Irish law between our investment fund and a major Irish bank, with specific provisions for non-cash collateral and agency lending capabilities, to be implemented by March 2025."

Document background
The Stock Lending Agreement serves as the primary legal framework for securities lending transactions in the Irish market, enabling financial institutions to efficiently manage their securities portfolios while maintaining regulatory compliance. This document is essential when parties wish to enter into securities lending arrangements under Irish law, providing comprehensive coverage of lending terms, collateral management, rights and obligations, and regulatory requirements. The agreement incorporates specific provisions required by Irish financial services legislation, Central Bank of Ireland guidelines, and relevant EU regulations such as SFTR and MiFID II. It's particularly crucial for financial institutions engaged in securities financing transactions, providing necessary legal certainty and risk management frameworks while ensuring compliance with both domestic and EU regulatory requirements.
Suggested Sections

1. Parties: Identification of the lender and borrower, including regulatory status and capacity

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

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Loans of Securities: Core provisions governing the lending and borrowing of securities

5. Transfer of Securities and Collateral: Mechanics and timing of securities and collateral transfers

6. Collateral Requirements: Types of acceptable collateral, margins, and maintenance requirements

7. Rights and Obligations: Ongoing rights and obligations of both parties during the loan period

8. Income and Corporate Actions: Treatment of dividends, voting rights, and corporate actions

9. Tax Provisions: Tax obligations, withholding requirements, and manufactured payments

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

11. Close-out and Set-off: Procedures for termination and settlement of obligations

12. Representations and Warranties: Standard and specific representations by both parties

13. Indemnities: Indemnification obligations of both parties

14. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

Optional Sections

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

2. Custody Arrangements: Needed when involving third-party custodians

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

4. Regulatory Reporting: Additional provisions for entities subject to specific reporting requirements

5. Non-Cash Collateral Arrangements: Required when allowing for securities or other non-cash collateral

6. Multiple Currency Provisions: Needed for cross-border arrangements involving multiple currencies

7. Buy-in Procedures: Optional provisions for forced buy-in procedures

8. Market Making Activities: Special provisions for market makers

Suggested Schedules

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

2. Schedule 2 - Eligible Collateral: Types and specifications of acceptable collateral

3. Schedule 3 - Margin Requirements: Detailed margin percentages and calculations

4. Schedule 4 - Standard Settlement Instructions: Account details and settlement procedures

5. Schedule 5 - Agency Terms: Detailed terms applicable to agency arrangements

6. Schedule 6 - Communications and Notices: Contact details and communication procedures

7. Schedule 7 - Fee Schedule: Lending fees, minimum fees, and payment terms

8. Appendix A - Form of Loan Confirmation: Standard form for confirming individual loan transactions

9. Appendix B - Required Documents: List of required documentation from each party

Authors

Alex Denne

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

Relevant legal definitions





















































Clauses




























Relevant Industries

Banking

Investment Management

Securities Trading

Asset Management

Hedge Funds

Insurance

Pension Funds

Prime Brokerage

Financial Services

Investment Banking

Relevant Teams

Legal

Compliance

Risk Management

Securities Operations

Trading

Portfolio Management

Collateral Management

Settlement

Client Services

Regulatory Reporting

Finance

Middle Office

Relevant Roles

Legal Counsel

Securities Operations Manager

Compliance Officer

Risk Manager

Trading Manager

Portfolio Manager

Collateral Manager

Securities Lending Trader

Operations Director

Chief Legal Officer

Head of Trading

Financial Controller

Regulatory Reporting Officer

Settlement Manager

Relationship Manager

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

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