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Stock Borrowing Agreement for Singapore

Stock Borrowing Agreement Template for Singapore

A Stock Borrowing Agreement under Singapore law is a legally binding document that establishes the terms and conditions under which one party can borrow securities from another. The agreement is governed by Singapore's Securities and Futures Act and regulated by the Monetary Authority of Singapore. It covers crucial aspects including collateral requirements, borrowing fees, rights and obligations of parties, and compliance with Singapore's securities lending framework.

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What is a Stock Borrowing Agreement?

Stock Borrowing Agreements are essential instruments in Singapore's financial markets, enabling efficient securities lending and trading activities. These agreements, regulated under Singapore's robust financial framework, are commonly used when market participants need to borrow securities for various purposes including short selling, settlement coverage, or market making activities. A Stock Borrowing Agreement typically includes detailed provisions on collateral management, fee structures, delivery mechanisms, and risk management measures, all aligned with Singapore's regulatory requirements and market practices.

What sections should be included in a Stock Borrowing Agreement?

1. Parties: Identification of lender and borrower entities

2. Background: Context and purpose of the stock borrowing arrangement

3. Definitions: Key terms used throughout the agreement including securities, collateral, and market terms

4. Loans of Securities: Core terms governing the borrowing and lending process, including loan conditions and requirements

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

6. Collateral Requirements: Terms regarding posting, maintaining, and returning collateral, including margin requirements

7. Rights and Obligations: Core responsibilities of each party including corporate actions, voting rights, and distributions

8. Fees and Charges: Borrowing fees, lending fees and other applicable charges

9. Term and Termination: Duration of agreement and circumstances for termination, including events of default

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

1. Tax Provisions: Specific tax arrangements and indemnities for cross-border transactions

2. Agency Provisions: Terms for agency arrangements when one party acts as agent for multiple principals

3. Additional Representations: Extra warranties and representations for complex transactions or specific regulatory requirements

What schedules should be included in a Stock Borrowing Agreement?

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

2. Eligible Securities: List and specifications of securities eligible for borrowing under the agreement

3. Eligible Collateral: Approved forms of collateral and their respective haircuts/margins

4. Fee Schedule: Detailed breakdown of fees, charges, and calculation methodologies

5. Operating Procedures: Detailed procedures for loan administration, settlements, and communications

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

Singapore

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions

































Clauses






























Industries

Securities and Futures Act (SFA): Primary legislation governing securities, futures, and financial markets in Singapore. Chapter 289 of Singapore laws, regulating securities borrowing and lending activities.

Companies Act: Chapter 50 of Singapore laws, providing the legal framework for corporate entities involved in securities borrowing transactions.

Banking Act: Chapter 19 of Singapore laws, relevant when financial institutions are involved in securities borrowing activities.

Financial Advisers Act: Chapter 110 of Singapore laws, governing financial advisory services and relevant disclosures in securities transactions.

MAS Guidelines and Notices: Regulatory guidelines issued by the Monetary Authority of Singapore specific to securities lending and borrowing activities.

MAS Securities Lending and Repurchase Agreement Guidelines: Specific guidelines for securities lending and repo transactions in Singapore market.

SGX-ST Rules and Regulations: Rules set by Singapore Exchange Securities Trading governing securities borrowing and lending on the exchange.

CDP Rules: Central Securities Depository rules governing settlement and custody of securities in borrowing transactions.

Income Tax Act: Tax legislation relevant to securities lending transactions and associated income.

Stamp Duties Act: Legislation governing stamp duties applicable to securities transactions and transfers.

GMSLA Principles: Global Master Securities Lending Agreement principles that influence international securities lending practices.

Anti-Money Laundering Regulations: Regulatory requirements for preventing money laundering in securities transactions.

KYC Requirements: Know Your Customer requirements for participant verification in securities borrowing transactions.

Market Conduct Rules: Rules governing proper market behavior and preventing market manipulation in securities borrowing.

Disclosure Requirements: mandatory disclosure obligations for parties involved in securities borrowing transactions.

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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