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Security Lending Agreement
"I need a Security Lending Agreement for use between our investment bank and various institutional clients in Qatar, with specific provisions for equity securities lending and Islamic finance compliance requirements, to be implemented by March 2025."
1. Parties: Identification of the lender and borrower, including their legal status and registration details
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Comprehensive definitions of terms used throughout the agreement
4. Loans of Securities: Core provisions governing the lending and borrowing of securities
5. Delivery and Return of Securities: Procedures and timing for the delivery and return of loaned securities
6. Collateral Requirements: Details of required collateral, including type, amount, and maintenance requirements
7. Margin Maintenance: Procedures for calculating and maintaining margin requirements
8. Income and Corporate Actions: Treatment of dividends, interest, and other corporate actions affecting loaned securities
9. Fees and Charges: Lending fees, charges, and payment terms
10. Tax Provisions: Tax implications and responsibilities of each party
11. Representations and Warranties: Standard representations and specific confirmations required under Qatari law
12. Events of Default: Circumstances constituting default and consequential rights
13. Termination Provisions: Conditions and procedures for termination of loans and the agreement
14. Security Interest and Set-off Rights: Rights regarding security interests and set-off
15. Dispute Resolution: Governing law, jurisdiction, and dispute resolution procedures compliant with Qatari law
16. General Provisions: Standard boilerplate clauses adapted to Qatari law requirements
1. Shariah Compliance: Required when the agreement needs to be Shariah-compliant, detailing specific Islamic finance requirements
2. Agency Provisions: Required when either party acts as agent for multiple principals
3. Custody Arrangements: Required when involving third-party custodians
4. Electronic Trading Provisions: Required when transactions will be executed through electronic platforms
5. Central Counterparty Provisions: Required when transactions involve a central counterparty
6. Cross-Border Provisions: Required when securities lending involves international transactions
1. Schedule 1 - Eligible Securities: List and specifications of securities eligible for lending
2. Schedule 2 - Eligible Collateral: Approved types of collateral and their valuation methods
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees and calculation methodologies
4. Schedule 4 - Operating Procedures: Detailed operational procedures including trading hours, cut-off times, and delivery instructions
5. Schedule 5 - Forms and Notices: Standard forms for borrowing requests, recalls, and other notices
6. Schedule 6 - Contact Details: Contact information for authorized personnel and departments
7. Appendix A - Risk Disclosures: Required risk disclosures under Qatari law
8. Appendix B - Compliance Requirements: Specific QFC and regulatory compliance requirements
Authors
Banking
Financial Services
Investment Management
Securities Trading
Asset Management
Wealth Management
Capital Markets
Islamic Finance
Investment Banking
Institutional Investment
Legal
Compliance
Risk Management
Securities Operations
Trading
Settlement
Treasury
Islamic Finance
Regulatory Reporting
Credit Risk
Portfolio Management
Collateral Management
Chief Investment Officer
Head of Securities Lending
Legal Counsel
Compliance Officer
Risk Manager
Securities Operations Manager
Trading Manager
Portfolio Manager
Collateral Manager
Settlement Officer
Treasury Manager
Islamic Finance Specialist
Regulatory Reporting Officer
Credit Risk Analyst
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