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Stock Loan Agreement for Saudi Arabia

Stock Loan Agreement Template for Saudi Arabia

A comprehensive legal agreement governed by Saudi Arabian law that facilitates the temporary transfer of securities from a lender to a borrower in exchange for collateral, while ensuring compliance with both Capital Market Authority (CMA) regulations and Islamic Shariah principles. The agreement details the terms and conditions of the lending arrangement, including delivery mechanisms, collateral requirements, corporate actions handling, rights and obligations of parties, and specific provisions for Shariah compliance. It incorporates Saudi-specific regulatory requirements while maintaining international securities lending standards and practices.

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Stock Loan Agreement

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What is a Stock Loan Agreement?

The Stock Loan Agreement serves as the primary legal framework for securities lending transactions in Saudi Arabia, facilitating market liquidity and efficient securities transfer while ensuring compliance with Islamic finance principles. This document is essential for financial institutions engaging in securities lending activities within the Saudi market, providing detailed provisions for the temporary transfer of securities against collateral. The agreement must comply with Capital Market Authority (CMA) regulations and Shariah requirements, making it unique compared to conventional securities lending agreements in other jurisdictions. It is typically used by banks, investment firms, and institutional investors when establishing ongoing securities lending relationships, covering aspects such as transfer mechanisms, collateral management, corporate actions, and default procedures. The document incorporates specific Saudi Arabian regulatory requirements while maintaining alignment with international securities lending practices.

What sections should be included in a Stock Loan Agreement?

1. Parties: Identification of the lender and borrower, including their legal status and authority to enter into the agreement

2. Background: Context of the agreement and confirmation of Shariah compliance

3. Definitions: Definitions of key terms used throughout the agreement, including specific Saudi Arabian regulatory terms

4. Loan of Securities: Core provisions regarding the transfer of securities, including Shariah-compliant transfer mechanisms

5. Delivery of Securities: Procedures and timing for the delivery of securities between parties

6. Collateral Requirements: Details of required collateral, maintenance, and marking to market

7. Rights and Obligations: Comprehensive listing of parties' rights and obligations during the loan period

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

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

10. Termination: Provisions for early termination and close-out procedures

11. Representations and Warranties: Standard and Shariah-specific representations and warranties

12. Tax Provisions: Treatment of taxes and zakat obligations

13. Governing Law and Jurisdiction: Confirmation of Saudi Arabian law and jurisdiction

14. Notices: Communication procedures between parties

What sections are optional to include in a Stock Loan Agreement?

1. Foreign Investment Provisions: Required when one party is a foreign entity, addressing QFI requirements

2. Custodian Provisions: Required when a third-party custodian is involved in the transaction

3. Shariah Advisory: Detailed Shariah compliance provisions when required by institutional policies

4. Agency Provisions: Required when parties act as agents for beneficial owners

5. Automated Trading Systems: Required when utilizing electronic trading platforms

6. Multiple Currency Provisions: Required when transactions involve multiple currencies

What schedules should be included in a Stock Loan Agreement?

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

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

3. Schedule 3 - Eligible Collateral: Approved forms of collateral and applicable haircuts

4. Schedule 4 - Contact Details: Contact information for authorized representatives

5. Schedule 5 - Fee Schedule: Details of lending fees and other charges

6. Appendix A - Standard Settlement Instructions: Details for securities and cash transfers

7. Appendix B - Shariah Compliance Certificate: Certificate from Shariah advisor confirming compliance

8. Appendix C - Required Documentation: List of supporting documents required from each party

Authors

Alex Denne

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

Jurisdiction

Saudi Arabia

Publisher

Ƶ

Document Type

Finance Agreement

Cost

Free to use
Relevant legal definitions

























































Clauses



































Relevant Industries

Banking

Investment Management

Asset Management

Securities Services

Islamic Finance

Financial Services

Capital Markets

Wealth Management

Insurance

Pension Funds

Relevant Teams

Legal

Compliance

Risk Management

Trading

Operations

Securities Lending

Islamic Finance

Investment Management

Documentation

Client Services

Settlement

Collateral Management

Relevant Roles

Securities Lending Manager

Legal Counsel

Compliance Officer

Shariah Compliance Officer

Risk Manager

Trading Manager

Operations Manager

Collateral Manager

Investment Officer

Portfolio Manager

Settlement Officer

Relationship Manager

Chief Investment Officer

Head of Securities Services

Documentation Specialist

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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