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Master Securities Loan Agreement
"Need to draft a Master Securities Loan Agreement under Australian law for our superannuation fund to lend Australian equities to multiple institutional borrowers, with specific provisions for agency lending and tri-party collateral arrangements."
1. Parties: Identification of the lender and borrower, including their legal status and contact details
2. Background: Context of the agreement and relationship between the parties
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation
4. Loans of Securities: Core provisions governing the lending and borrowing of securities, including loan procedures and requirements
5. Transfer of Securities: Procedures and requirements for the transfer of securities between parties
6. Collateral: Requirements for posting and maintaining collateral, including types, valuation, and margin requirements
7. Distributions and Corporate Actions: Handling of dividends, rights issues, and other corporate actions affecting loaned securities
8. Fees and Payments: Lending fees, payments in lieu of dividends, and other payment obligations
9. Tax: Treatment of tax matters, including withholding tax and tax indemnities
10. Events of Default: Definition of events of default and their consequences
11. Set-off and Close-out: Rights and procedures for set-off and closing out transactions
12. Representations and Warranties: Standard representations and warranties from both parties
13. Covenants: Ongoing obligations of the parties
14. Indemnities: Scope and extent of indemnification obligations
15. Dispute Resolution: Procedures for resolving disputes between parties
16. General Provisions: Standard boilerplate provisions including notices, amendments, and governing law
1. Agency Trading: Additional provisions for when parties act as agents; include when either party may act as agent
2. Custody Arrangements: Specific provisions for third-party custody arrangements; include when custodians are involved
3. Cross-border Provisions: Additional provisions for international transactions; include for cross-border lending
4. Electronic Trading Platform: Provisions for using electronic trading platforms; include when automated trading is contemplated
5. Tri-party Arrangements: Provisions for tri-party collateral management; include when using tri-party agents
6. Securities Lending Market Places: Provisions for participation in securities lending market places; include when relevant
7. Specific Asset Classes: Additional provisions for specific types of securities; include when lending specialized securities
1. Schedule 1 - Agency Terms: Detailed terms applicable to agency transactions
2. Schedule 2 - Form of Loan Confirmation: Standard form for confirming individual loan transactions
3. Schedule 3 - Required Documentation: List of required documentation for loans and counterparties
4. Schedule 4 - Eligible Securities: List and characteristics of securities eligible for lending
5. Schedule 5 - Eligible Collateral: Approved types of collateral and applicable haircuts
6. Schedule 6 - Contact Details: Contact information for notices and operational matters
7. Schedule 7 - Tax Documentation: Required tax forms and documentation
8. Appendix A - Standard Settlement Instructions: Details of settlement procedures and account information
9. Appendix B - Jurisdictional Requirements: Specific requirements under Australian law and regulations
Authors
Act of Insolvency
Adjustment
Agency Loan
Applicable Law
Appropriate Market
ASIC
ASX
Australian Business Day
Automatic Early Termination
Available Securities
Base Currency
Borrowed Securities
Borrower
Borrowing Request
Business Day
Buy-in
Cash Collateral
Close of Business
Collateral
Collateral Margin
Collateral Value
Confirmation
Corporate Action
Default Market Value
Default Notice
Defaulting Party
Delivery
Designated Office
Distribution
Early Termination Date
Equivalent Collateral
Equivalent Securities
Event of Default
Exercise Price
Financial Institution
GST
Income
Income Payment Date
Income Record Date
Lender
Lending Fee
Loan
Loan Date
Loan Return Date
Manufactured Payment
Margin Call
Margin Percentage
Margin Transfer
Market Value
Non-Cash Collateral
Non-Defaulting Party
Notice of Default
Notification Time
Parties
Posted Collateral
Premium
Principal
Rate
Recall Notice
Related Party
Relevant Payment Date
Required Collateral Value
Securities
Settlement Date
Standard Settlement Time
Tax
Term
Termination
Termination Notice
Trade Date
Transfer
Transfer Date
Valuation Date
Valuation Percentage
Valuation Time
Loan and Delivery
Collateral Requirements
Margin Maintenance
Income and Corporate Actions
Fees and Payments
Tax Provisions
Transfer and Settlement
Events of Default
Close-out and Set-off
Representations and Warranties
Covenants
Indemnification
Agency Provisions
Market Disruption
Force Majeure
Confidentiality
Record Keeping
Regulatory Compliance
Notices
Assignment and Transfer
Amendment and Waiver
Governing Law
Dispute Resolution
Termination
Severability
Entire Agreement
Multiple Counterparts
Electronic Execution
Anti-Money Laundering
Australian Law Compliance
ASIC Requirements
Custody Arrangements
Reporting Obligations
Financial Services
Banking
Investment Management
Securities Trading
Asset Management
Insurance
Superannuation
Capital Markets
Investment Banking
Wealth Management
Legal
Compliance
Risk Management
Trading
Operations
Portfolio Management
Securities Finance
Treasury
Documentation
Settlement
Client Relations
Product Development
Securities Lending Trader
Legal Counsel
Compliance Officer
Risk Manager
Operations Manager
Portfolio Manager
Trading Manager
Collateral Manager
Settlement Officer
Relationship Manager
Product Manager
Chief Investment Officer
Head of Securities Finance
Treasury Manager
Documentation Specialist
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