Security Loan Agreement Template for Malaysia

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Key Requirements PROMPT example:

Security Loan Agreement

"I need a Security Loan Agreement under Malaysian law for a major investment bank lending government securities to a licensed broker-dealer, with specific provisions for Islamic finance compliance and multi-currency collateral arrangements."

Document background

The Security Loan Agreement serves as a fundamental instrument in Malaysian financial markets, enabling market participants to temporarily transfer securities while maintaining proper collateralization and regulatory compliance. This document is essential when financial institutions, investment firms, or other eligible entities need to engage in securities lending transactions, whether for trading strategies, settlement coverage, or market-making activities. The agreement, governed by Malaysian law, specifically addresses requirements under the Capital Markets and Services Act 2007 and related regulations, incorporating necessary provisions for collateral management, corporate actions, and default scenarios. It is particularly relevant in scenarios requiring temporary access to specific securities while ensuring proper risk management and regulatory oversight.

Suggested Sections

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

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

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Loan Facility: Details of the securities to be loaned, including type, quantity, and value

5. Security Arrangements: Description of collateral or margin requirements to secure the loan

6. Delivery and Return: Procedures for delivering securities and returning them at the end of the loan period

7. Term and Termination: Duration of the loan and circumstances for early termination

8. Fees and Costs: Lending fees, transaction costs, and other charges

9. Rights and Obligations: Detailed responsibilities of both parties during the loan period

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

11. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority

12. Events of Default: Circumstances constituting default and consequential actions

13. Indemnification: Mutual indemnification provisions and liability limitations

14. Notices: Communication procedures between parties

15. Governing Law and Jurisdiction: Specification of Malaysian law and jurisdiction for dispute resolution

Optional Sections

1. Market Disruption: Provisions for handling market disruption events - include when lending in volatile markets

2. Tax Provisions: Detailed tax handling procedures - include when cross-border elements exist

3. Intermediary Provisions: Terms relating to brokers or agents - include when intermediaries are involved

4. Islamic Finance Compliance: Specific provisions for Shariah compliance - include for Islamic finance transactions

5. Multiple Currencies: Currency conversion and handling - include for multi-currency facilities

6. Syndication Provisions: Terms for syndicated lending - include when multiple lenders are involved

Suggested Schedules

1. Schedule 1 - Securities Description: Detailed description of securities being loaned

2. Schedule 2 - Fee Schedule: Comprehensive breakdown of all fees and charges

3. Schedule 3 - Form of Transfer Documents: Standard forms for securities transfer

4. Schedule 4 - Collateral Requirements: Detailed collateral specifications and margin calculations

5. Schedule 5 - Operating Procedures: Day-to-day operational procedures and contact details

6. Appendix A - Regulatory Compliance Checklist: Checklist ensuring compliance with Malaysian regulations

7. Appendix B - Corporate Authorizations: Required corporate authorizations and resolutions

8. Appendix C - Standard Notice Forms: Template forms for various notices under the agreement

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Banking and Financial Services

Investment Management

Securities Trading

Asset Management

Corporate Finance

Financial Technology

Investment Banking

Capital Markets

Wealth Management

Institutional Banking

Relevant Teams

Legal

Compliance

Risk Management

Trading

Operations

Treasury

Investment Management

Financial Control

Regulatory Affairs

Custody Operations

Relevant Roles

Chief Financial Officer

Legal Counsel

Compliance Officer

Risk Manager

Securities Trading Manager

Portfolio Manager

Treasury Manager

Operations Director

Investment Manager

Custodian Relations Manager

Securities Lending Specialist

Financial Controller

Head of Trading

Regulatory Compliance Manager

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Authors

Alex Denne

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