The Security Lending Agreement serves as the primary contractual framework for securities lending transactions in the Malaysian market. This document is essential when financial institutions, investment firms, or asset managers engage in the temporary lending of securities, typically for purposes such as short selling, settlement coverage, or yield enhancement. The agreement must comply with Malaysian regulatory requirements, particularly the Capital Markets and Services Act 2007 and Securities Commission guidelines, while potentially accommodating Shariah principles in Malaysia's dual banking system. It details crucial elements including loan terms, collateral requirements, rights and obligations, fee structures, and default provisions, providing comprehensive protection for all parties involved in the transaction.
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1. Parties: Identifies and provides details of the lender and borrower
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and interpretation rules
4. Loans of Securities: Core provisions governing the lending and borrowing of securities
5. Delivery of Securities: Procedures and requirements for delivering securities between parties
6. Collateral Requirements: Details of collateral obligations, maintenance, and margin requirements
7. Rights and Obligations: Key responsibilities and entitlements of both parties
8. Fees and Charges: Lending fees, transaction costs, and payment terms
9. Events of Default: Circumstances constituting default and consequences
10. Termination: Provisions for ending the agreement and closing out positions
11. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority
12. Tax Provisions: Treatment of taxes, including withholding tax obligations
13. Notices: Communication procedures between parties
14. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and jurisdiction for disputes
1. Shariah Compliance: Required if the agreement needs to comply with Islamic finance principles
2. Agency Provisions: Included when one party acts as agent for underlying clients
3. Custodian Arrangements: Required when third-party custodians are involved
4. Cross-Border Provisions: Needed for international securities lending transactions
5. Market Disruption: Provisions dealing with market disruption events
6. Force Majeure: Provisions for extraordinary events affecting performance
7. Electronic Trading Platform: Required when transactions are conducted through specific trading platforms
1. Schedule 1 - Eligible Securities: List of securities eligible for lending under the agreement
2. Schedule 2 - Authorized Representatives: Names and contact details of authorized personnel
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees and charges
4. Schedule 4 - Collateral Requirements: Specific collateral parameters and haircuts
5. Schedule 5 - Operating Procedures: Detailed operational processes and requirements
6. Appendix A - Form of Loan Confirmation: Standard form for confirming individual loan transactions
7. Appendix B - Form of Recall Notice: Standard form for recalling loaned securities
8. Appendix C - Compliance Documents: Required regulatory and compliance documentation
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Investment Management
Securities Trading
Asset Management
Capital Markets
Islamic Finance
Wealth Management
Institutional Investment
Fund Management
Relevant Teams
Legal
Compliance
Securities Trading
Risk Management
Investment Management
Operations
Portfolio Management
Securities Services
Custody Operations
Islamic Banking
Regulatory Compliance
Settlement
Transaction Management
Relevant Roles
Legal Counsel
Compliance Officer
Securities Trading Manager
Risk Manager
Investment Manager
Operations Manager
Portfolio Manager
Securities Lending Trader
Custody Operations Manager
Islamic Finance Specialist
Regulatory Compliance Manager
Settlement Officer
Transaction Manager
Chief Legal Officer
Head of Securities Services
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