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Stock Lending Agreement

Stock Lending Agreement Template for Netherlands

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Key Requirements PROMPT example:

Stock Lending Agreement

"I need a Stock Lending Agreement under Dutch law for our pension fund acting as lender to multiple bank counterparties, with specific provisions for automated tri-party collateral management and corporate actions processing."

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Document background
The Stock Lending Agreement serves as the primary contractual framework for securities financing transactions in the Netherlands, enabling institutional investors, banks, and other financial institutions to temporarily transfer securities while maintaining economic ownership. This document is essential for entities engaging in securities lending activities under Dutch jurisdiction, providing comprehensive coverage of loan initiation, collateral management, corporate actions, and default scenarios. The agreement ensures compliance with Dutch financial regulations, including the Financial Supervision Act (Wft) and EU regulations such as SFTR and MiFID II. It is typically used when establishing ongoing lending relationships between financial institutions, incorporating market standard practices while accounting for specific Dutch legal requirements and European regulatory obligations.
Suggested Sections

1. Parties: Identification of the lender and borrower, including their legal details and registered addresses

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

3. Definitions: Comprehensive list of defined terms used throughout the agreement

4. Loans of Securities: Core provisions regarding the lending and borrowing of securities, including initiation process

5. Transfer of Securities: Procedures and requirements for transferring securities between parties

6. Collateral Requirements: Details of required collateral, including type, quality, and maintenance requirements

7. Mark to Market: Procedures for daily valuation and margin maintenance

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

9. Fees and Charges: Lending fees, rates, and payment arrangements

10. Tax Matters: Treatment of tax obligations and withholding requirements

11. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority

12. Events of Default: Circumstances constituting default and consequential rights

13. Termination: Provisions for ending the agreement and individual loans

14. Set-off Rights: Rights to set off obligations between parties

15. Notices: Communication requirements and contact details

16. Governing Law and Jurisdiction: Specification of Dutch law governance and jurisdiction for disputes

Optional Sections

1. Agency Provisions: Include when either party acts as agent for underlying clients

2. Tri-Party Arrangements: Include when using a tri-party collateral agent

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

4. Special Custody Arrangements: Include when specific custody arrangements are required

5. Foreign Securities Provisions: Include when lending non-Dutch securities

6. Buy-in Procedures: Include when specific buy-in procedures are required for failed returns

7. Force Majeure: Include when parties want specific provisions for extraordinary events

8. Central Counterparty Provisions: Include when transactions will be cleared through a CCP

Suggested Schedules

1. Schedule A - Form of Loan Confirmation: Standard form for confirming individual loan transactions

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

3. Schedule C - Eligible Collateral: Specified types of acceptable collateral and applicable haircuts

4. Schedule D - Agency Terms: Detailed terms applicable to agency transactions

5. Schedule E - Fee Schedule: Detailed breakdown of fees and charges

6. Schedule F - Contact Details: Operational and legal contact information for both parties

7. Schedule G - Systems and Operations: Technical specifications for trading and settlement systems

8. Appendix 1 - Tax Documentation: Required tax forms and declarations

9. Appendix 2 - Standard Settlement Instructions: Settlement and payment instructions for both parties

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









































































Clauses








































Relevant Industries

Financial Services

Banking

Investment Management

Securities Trading

Asset Management

Pension Fund Management

Insurance

Hedge Fund Management

Prime Brokerage

Custodial Services

Relevant Teams

Legal

Compliance

Risk Management

Trading

Operations

Settlement

Product Development

Credit Risk

Client Relations

Investment Management

Finance

Middle Office

Collateral Management

Relevant Roles

Securities Lending Trader

Legal Counsel

Compliance Officer

Risk Manager

Portfolio Manager

Operations Manager

Collateral Manager

Trading Desk Manager

Settlement Officer

Relationship Manager

Credit Risk Analyst

Product Manager - Securities Finance

Head of Securities Lending

Financial Controller

Chief Investment Officer

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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