The Securities Lending Agreement serves as the primary contractual framework for securities lending transactions in the Indian market. This document is essential when institutional parties wish to engage in securities lending and borrowing activities under the regulatory framework established by SEBI and RBI. The agreement covers crucial aspects including loan initiation, collateral management, corporate actions, rights and obligations of parties, and default scenarios. It incorporates specific requirements from SEBI's Securities Lending Scheme guidelines, the Securities Contracts (Regulation) Act, and other relevant Indian regulations. The document is particularly relevant for financial institutions, custodians, and broker-dealers operating in India's securities market, providing them with a structured approach to securities lending while ensuring regulatory compliance.
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1. Parties: Identification of the lender and borrower, including registration details and regulatory status
2. Background: Context of the agreement and regulatory framework under which it operates
3. Definitions and Interpretation: Comprehensive definitions of terms used in the agreement and interpretation rules
4. Loans of Securities: Core provisions governing the lending of securities, including initiation process and terms
5. Collateral Requirements: Details of required collateral, maintenance margins, and valuation methodology
6. Rights and Obligations: Specific duties and responsibilities of each party
7. Fees and Payments: Lending fees, payment mechanisms, and payment schedules
8. Tax and Stamp Duty: Tax implications and responsibilities for stamp duty payments
9. Corporate Actions: Handling of dividends, rights issues, and other corporate actions
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. Indemnification: Indemnity provisions and liability limitations
14. Notices: Communication procedures and contact details
15. Governing Law and Jurisdiction: Indian law as governing law and jurisdiction details
1. Foreign Institutional Investor Provisions: Additional provisions when one party is a foreign institutional investor, including FEMA compliance
2. Multiple Borrower Arrangements: Provisions for managing multiple borrower relationships under one agreement
3. Electronic Trading Platform: Provisions for using electronic platforms for securities lending transactions
4. Agent Lender Provisions: Specific provisions when lending is conducted through an agent
5. Market Disruption: Provisions dealing with market disruption events
6. Netting Arrangements: Detailed netting provisions for multiple transactions
7. Credit Support Arrangements: Additional credit support provisions beyond basic collateral requirements
1. Schedule 1 - Eligible Securities: List of securities eligible for lending under the agreement
2. Schedule 2 - Collateral Parameters: Detailed collateral requirements, haircuts, and valuation methodologies
3. Schedule 3 - Fee Schedule: Detailed fee structure and calculation methods
4. Schedule 4 - Standard Forms: Standard forms for borrowing requests, recalls, and other notices
5. Schedule 5 - Contact Details: Detailed contact information for both parties
6. Schedule 6 - Authorized Signatories: List of authorized signatories for both parties
7. Appendix A - Operating Procedures: Detailed operational procedures for lending and returning securities
8. Appendix B - Regulatory Confirmations: Required regulatory confirmations and compliance statements
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Investment Management
Securities Trading
Asset Management
Broker-Dealer Services
Custodial Services
Investment Banking
Insurance
Pension Fund Management
Relevant Teams
Legal
Compliance
Securities Operations
Trading
Risk Management
Portfolio Management
Treasury
Settlement
Documentation
Regulatory Affairs
Investment
Collateral Management
Relevant Roles
Legal Counsel
Compliance Officer
Securities Operations Manager
Trading Manager
Risk Manager
Portfolio Manager
Securities Lending Specialist
Collateral Manager
Operations Director
Chief Investment Officer
Head of Trading
Regulatory Affairs Manager
Treasury Manager
Settlement Officer
Documentation Specialist
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