Stock Borrowing And Lending Agreement Template for Singapore

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Key Requirements PROMPT example:

Stock Borrowing And Lending Agreement

"Need a Stock Borrowing And Lending Agreement for our Singapore-based hedge fund to borrow equities from multiple institutional lenders, with specific provisions for cryptocurrency collateral and cross-border transactions with Japanese counterparties."

Document background

The Stock Borrowing And Lending Agreement (SBLA) is essential for organizations engaging in securities lending transactions within Singapore's financial markets. This agreement becomes necessary when parties wish to establish a framework for temporary securities transfers, typically for purposes such as short selling, settlement coverage, or market making. The SBLA, governed by Singapore law, encompasses crucial elements including loan terms, collateral management, corporate actions, and default scenarios, while ensuring compliance with MAS regulations and Singapore's Securities and Futures Act. It provides legal certainty and operational clarity for both lenders and borrowers in securities lending transactions.

Suggested Sections

1. Parties: Identification and details of the lender and borrower

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Loans of Securities: Core provisions governing the lending arrangement

5. Delivery of Securities: Procedures for transferring securities

6. Collateral Requirements: Details of required collateral and maintenance

7. Rights and Obligations: Responsibilities of each party

8. Events of Default: Circumstances constituting default and consequences

9. Termination: Conditions and procedures for ending the agreement

Optional Sections

1. Cross-Border Provisions: Additional terms for international transactions when parties are from different jurisdictions

2. Agency Provisions: Terms governing agency relationships when one party acts as agent

3. Tax Provisions: Specific tax-related terms when tax implications need specific attention

Suggested Schedules

1. Schedule of Eligible Securities: List of securities that may be borrowed/lent

2. Schedule of Eligible Collateral: Approved forms of collateral

3. Operating Procedures: Detailed procedures for loans and returns

4. Fee Schedule: Lending fees and other charges

5. Form of Loan Confirmation: Standard form for confirming individual loans

6. Contact Details: List of authorized representatives and contact information

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
Asset Management
Securities Trading
Insurance

Relevant Teams

Legal
Trading
Risk Management
Operations
Compliance
Treasury

Relevant Roles

Chief Investment Officer
Securities Trading Manager
Risk Manager
Legal Counsel
Operations Director
Compliance Officer

Industries

Securities and Futures Act (SFA) - Chapter 289: Primary legislation governing securities and futures markets in Singapore, including regulations for securities borrowing and lending activities

Companies Act (CA) - Chapter 50: Core legislation governing corporate entities in Singapore, relevant for determining corporate authority and capacity for securities lending

Financial Advisers Act (FAA): Regulates financial advisory services and may be relevant if the stock borrowing arrangement involves any form of financial advice

Central Depositories Act: Governs the operation of securities depositories and custody arrangements in Singapore

MAS Guidelines on Securities Borrowing and Lending: Specific regulatory guidelines issued by MAS governing securities borrowing and lending practices in Singapore

Securities and Futures Regulations: Detailed regulations under the SFA providing specific requirements for securities trading and lending

AML/CFT Regulations: Anti-Money Laundering and Countering the Financing of Terrorism regulations that must be considered in securities transactions

KYC Requirements: Know Your Customer requirements for proper due diligence on parties involved in securities lending

SGX Rules and Regulations: Singapore Exchange rules applicable to listed securities involved in borrowing and lending arrangements

Income Tax Act: Tax legislation relevant for treatment of fees, charges, and distributions related to securities lending

Stamp Duties Act: Governs stamp duty implications of securities transfers in lending arrangements

GMSLA Principles: Global Master Securities Lending Agreement principles that influence international securities lending practices

ISLA Guidelines: International Securities Lending Association guidelines providing industry standards and best practices

Singapore Contract Law: General contract law principles applicable to the formation and enforcement of securities lending agreements

Insolvency Laws: Laws governing bankruptcy and insolvency scenarios that could affect securities lending arrangements

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Authors

Alex Denne

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