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Stock Borrowing Agreement
"I need a Stock Borrowing Agreement for my investment bank to borrow Pakistani listed securities from a local pension fund, with standard SECP-compliant terms and a collateral requirement of 102%."
1. Parties: Identification of the lender and borrower, including their legal status and registered addresses
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules of interpretation
4. Loans of Securities: Core provisions regarding the borrowing and lending of securities, including process and conditions
5. Transfer of Securities: Procedures and requirements for transferring securities between parties
6. Collateral Requirements: Details of required collateral, including type, amount, and maintenance requirements
7. Rights and Obligations: Specific rights and obligations of both borrower and lender
8. Fees and Charges: Lending fees, rates, and other applicable charges
9. Income and Corporate Actions: Treatment of dividends, rights issues, and other corporate actions
10. Events of Default: Definition of events of default and consequences
11. Termination Provisions: Conditions and procedures for termination of the agreement
12. Representations and Warranties: Standard representations and warranties from both parties
13. Governing Law and Jurisdiction: Specification of Pakistani law as governing law and jurisdiction details
14. Notices: Process and requirements for formal communications between parties
1. Electronic Trading Platform: Provisions for using electronic trading platforms for securities borrowing transactions - include when transactions will be conducted electronically
2. Intermediary Provisions: Additional provisions when a broker or agent is involved in facilitating the borrowing arrangement
3. Islamic Finance Compliance: Additional provisions to ensure Shariah compliance - include for Islamic financial institutions
4. Foreign Exchange Provisions: Additional provisions for cross-border transactions - include when dealing with international securities
5. Tax Provisions: Detailed tax implications and responsibilities - include when dealing with complex tax structures or international parties
6. Market Disruption: Provisions dealing with market disruption events - include for longer-term arrangements
1. Schedule 1 - Form of Loan Confirmation: Standard form for confirming individual loan transactions
2. Schedule 2 - Eligible Securities: List of securities eligible for borrowing under the agreement
3. Schedule 3 - Eligible Collateral: Types and specifications of acceptable collateral
4. Schedule 4 - Fee Schedule: Detailed breakdown of all applicable fees and charges
5. Schedule 5 - Contact Details: Contact information for key personnel and departments
6. Appendix A - Operating Procedures: Detailed operational procedures for borrowing and returning securities
7. Appendix B - Regulatory Requirements: Summary of relevant SECP and other regulatory requirements
8. Appendix C - Standard Forms: Collection of standard forms used in the borrowing process
Authors
Adequate Financial Resources
Affiliate
Agency Agreement
Applicable Law
Approved Bank
Approved Exchange
Available Securities
Base Currency
Borrowed Securities
Borrowing Request
Business Day
Cash Collateral
Close of Business
Collateral
Collateral Percentage
Collateral Value
Commission
Corporate Action
Default Market Value
Default Notice
Defaulting Party
Delivery
Designated Office
Distribution
Dividend
Electronic Platform
Eligible Collateral
Equivalent Collateral
Equivalent Securities
Event of Default
Exercise Date
Income
Income Payment Date
Income Record Date
Lending Fee
Loan
Loan Confirmation
Loan Date
Margin
Market Value
Non-Defaulting Party
Notice of Exercise
Notification Time
Pakistan Business Day
Pakistan Securities
Performance Date
Posted Collateral
Potential Event of Default
Proceedings
Re-use
Regulatory Authority
Relevant Payment Date
Required Collateral Value
Rules
Securities
Securities Lending Transaction
SECP
Settlement Date
Settlement System
Spot Rate
Standard Settlement Time
Tax
Term
Termination Date
Transaction
Transfer
Value Date
Voting Rights
Interpretation
Loans of Securities
Delivery of Securities
Collateral Requirements
Margin Maintenance
Fees and Charges
Taxation
Corporate Actions
Voting Rights
Representations and Warranties
Covenants
Events of Default
Close-out and Set-off
Termination
Payment and Transfer
Market Disruption
Force Majeure
Confidentiality
Assignment and Transfer
Notices
Amendments
Severability
Counterparts
Governing Law
Dispute Resolution
Regulatory Compliance
Record Keeping
Electronic Trading
Indemnification
Agency Provisions
Risk Disclosure
Settlement Procedures
Anti-Money Laundering
Third Party Rights
Entire Agreement
Financial Services
Investment Banking
Securities Trading
Asset Management
Banking
Brokerage Services
Investment Management
Capital Markets
Legal
Compliance
Trading
Risk Management
Operations
Treasury
Settlement
Collateral Management
Portfolio Management
Regulatory Reporting
Finance
Investment Operations
Securities Lending Manager
Trading Desk Manager
Compliance Officer
Legal Counsel
Risk Manager
Operations Manager
Portfolio Manager
Collateral Manager
Settlement Officer
Chief Financial Officer
Head of Treasury
Investment Manager
Securities Operations Director
Regulatory Reporting Officer
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