Master Securities Loan Agreement Template for Malaysia

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Key Requirements PROMPT example:

Master Securities Loan Agreement

"I need a Master Securities Loan Agreement for use between our Malaysian investment bank and various domestic pension funds, with specific provisions for Shariah-compliant securities lending and enhanced collateral requirements as per the new Securities Commission guidelines expected in March 2025."

Document background
The Master Securities Loan Agreement (MSLA) is essential for financial institutions engaging in securities lending transactions in Malaysia. It provides a standardized framework compliant with Malaysian regulations, particularly the Capital Markets and Services Act 2007 and Securities Commission requirements. The agreement is used when parties wish to establish an ongoing relationship for securities lending transactions, covering multiple individual loans under a single master agreement. It includes detailed provisions for collateral management, margin maintenance, default scenarios, and operational procedures. The document incorporates both international best practices and specific requirements of the Malaysian securities market, making it suitable for both domestic and cross-border transactions involving Malaysian financial institutions.
Suggested Sections

1. Parties: Identification of the lender and borrower, including registration details and regulatory status

2. Background: Context of the agreement and relationship between the parties

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 of Securities: Procedures and requirements for delivering securities between parties

6. Collateral: Requirements and procedures for posting and maintaining collateral

7. Margins: Margin maintenance requirements and procedures

8. Redelivery of Securities: Terms and conditions for returning borrowed securities

9. Set-off: Rights and procedures for setting off obligations between parties

10. Taxation: Treatment of taxes, including Malaysian withholding tax requirements

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

12. Termination: Procedures and consequences of termination

13. Representations and Warranties: Standard and regulatory-specific representations

14. Covenants: Ongoing obligations of the parties

15. Indemnity and Limitation of Liability: Scope of indemnification and liability limitations

16. Notices: Communication procedures between parties

17. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction provisions

Optional Sections

1. Agency Trading: Include when either party may act as agent for third parties

2. Custody Arrangements: Include when specific custody arrangements need to be detailed

3. Electronic Trading Platform: Include when transactions will be conducted through electronic platforms

4. Sharia Compliance: Include for Islamic finance compliant transactions

5. Force Majeure: Include when specific force majeure provisions are required beyond standard market disruption

6. Multi-branch Provisions: Include when parties operate through multiple branches

7. Data Protection: Include when handling personal data under Malaysian Personal Data Protection Act

Suggested Schedules

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

2. Schedule B - Agency Terms: Detailed terms for agency transactions if applicable

3. Schedule C - Collateral Parameters: Acceptable collateral types and haircuts

4. Schedule D - Margin Percentages: Specific margin requirements for different security types

5. Schedule E - Contact Details: Operational and administrative contacts for both parties

6. Schedule F - Electronic Systems: Terms for using electronic trading and settlement systems

7. Schedule G - Supplemental Terms: Additional terms specific to Malaysian regulatory requirements

8. Appendix 1 - Form of Loan Confirmation: Standard form for confirming individual loans

9. Appendix 2 - Tax Documentation: Required Malaysian tax forms and documentation

10. Appendix 3 - Standard Settlement Instructions: Payment and settlement instructions for both parties

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Banking

Investment Management

Securities Trading

Asset Management

Insurance

Pension Fund Management

Capital Markets

Investment Banking

Wealth Management

Relevant Teams

Legal

Compliance

Risk Management

Securities Trading

Operations

Settlement

Treasury

Investment Management

Collateral Management

Documentation

Trading Operations

Regulatory Affairs

Relevant Roles

Legal Counsel

Securities Trading Manager

Compliance Officer

Risk Manager

Operations Manager

Portfolio Manager

Securities Lending Trader

Collateral Manager

Settlement Officer

Treasury Manager

Investment Director

Chief Investment Officer

Head of Trading

Legal Director

Regulatory Compliance Manager

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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