Short Sale Agreement Template for Denmark

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Short Sale Agreement

Document background

The Short Sale Agreement is a crucial document in modern financial markets, particularly within the Danish legal framework where it must comply with both domestic and EU regulations. This agreement is typically used when a market participant wishes to sell securities they don't currently own, usually with the expectation that the security's price will decline. The document establishes the legal relationship between the short seller and other parties, detailing critical elements such as borrowing arrangements, margin requirements, settlement procedures, and risk management protocols. It's essential for ensuring compliance with the Danish Financial Business Act, the Securities Trading Act, and the EU Short Selling Regulation (EU No 236/2012). The agreement becomes particularly relevant in sophisticated trading strategies, risk hedging, and market-making activities within the Danish financial markets.

Suggested Sections

1. Parties: Identification of the seller and buyer, including full legal names, registration numbers, and addresses

2. Background: Context of the transaction, including identification of the securities to be sold short

3. Definitions: Key terms used throughout the agreement, including technical financial terms specific to short selling

4. Subject Matter: Details of the securities being sold short, including quantity, type, and issuer

5. Execution and Settlement: Terms for executing the short sale, including timing, delivery mechanisms, and settlement procedures

6. Margin Requirements: Specifications for initial and maintenance margin requirements

7. Borrowing Arrangements: Terms for borrowing the securities to be sold short, including lending fees and recall provisions

8. Representations and Warranties: Standard declarations by both parties regarding their capacity, authority, and compliance with regulations

9. Risk Disclosure: Acknowledgment of risks associated with short selling

10. Fees and Costs: All applicable fees, including borrowing costs, transaction fees, and any other charges

11. Events of Default: Circumstances constituting default and corresponding remedies

12. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

Optional Sections

1. Buy-in Procedures: Optional section detailing procedures when securities need to be bought back to cover the short position, used when specific buy-in procedures are required

2. Reporting Requirements: Details of any reporting obligations to regulators or other parties, included when dealing with regulated entities or reportable positions

3. Tax Provisions: Specific tax-related provisions and responsibilities, included when tax implications require specific attention

4. Intermediary Provisions: Terms relating to any intermediary or broker involvement, included when third-party facilitators are part of the transaction

5. Cross-Border Provisions: Additional terms for cross-border transactions, included when parties are from different jurisdictions

Suggested Schedules

1. Schedule 1 - Securities Description: Detailed description of the securities being sold short, including ISIN numbers and other identifying information

2. Schedule 2 - Pricing Mechanism: Detailed methodology for determining the sale price and any adjustments

3. Schedule 3 - Margin Calculations: Specific formulas and procedures for calculating and maintaining margin requirements

4. Appendix A - Standard Settlement Instructions: Detailed settlement and payment instructions for both parties

5. Appendix B - Required Notices: Forms and templates for various notices required under the agreement

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