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Share Lending Agreement Template for Denmark

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Key Requirements PROMPT example:

Share Lending Agreement

I need a Share Lending Agreement under Danish law for our pension fund to lend technology sector securities to a major investment bank, with specific provisions for ESG compliance and quarterly performance reporting requirements.

What is a Share Lending Agreement?

The Share Lending Agreement is a crucial document in Danish financial markets, used when one party (the lender) temporarily transfers securities to another party (the borrower) in exchange for collateral and fees. This arrangement is common in various market activities including short selling, settlement coverage, and market making. The agreement must comply with Danish law, particularly the Danish Capital Markets Act (Kapitalmarkedsloven) and relevant EU regulations. It typically includes detailed provisions on securities delivery, collateral management, corporate actions, voting rights, dividend treatments, and termination procedures. The Share Lending Agreement is essential for financial institutions, investment firms, and market participants operating in Denmark, providing a legal framework for securities lending while ensuring regulatory compliance and risk management.

What sections should be included in a Share Lending Agreement?

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

2. Background: Context of the agreement and brief description of the parties' intentions

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

4. Loan of Securities: Core terms of the lending arrangement, including identification of securities and quantity

5. Term and Termination: Duration of the lending arrangement and circumstances for termination

6. Delivery and Return: Procedures for initial delivery and return of securities

7. Collateral: Requirements for collateral, including type, amount, and maintenance

8. Rights and Obligations: Specific rights and obligations of both parties during the lending period

9. Corporate Actions: Handling of dividends, voting rights, and other corporate actions

10. Fees and Payments: Lending fees, payment schedules, and calculation methods

11. Tax Provisions: Treatment of taxes, including withholding tax and manufactured dividends

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

13. Representations and Warranties: Standard representations and warranties from both parties

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

15. Notices: Process for formal communications between parties

What sections are optional to include in a Share Lending Agreement?

1. Market Disruption: Include when dealing with securities traded in volatile markets or during uncertain economic conditions

2. Intermediary Provisions: Required when a broker or agent is involved in the lending arrangement

3. Special Settlement Provisions: Include for cross-border transactions or when dealing with specific settlement systems

4. Additional Tax Provisions: Include when dealing with international parties or complex tax structures

5. Regulatory Compliance: Additional section for specific regulatory requirements when dealing with regulated entities

6. Force Majeure: Include when parties want specific provisions for extraordinary events

7. Confidentiality: Detailed confidentiality provisions when dealing with sensitive information or regulated entities

8. Anti-Money Laundering: Include when required by the nature of the parties or regulatory requirements

What schedules should be included in a Share Lending Agreement?

1. Schedule 1 - Securities Details: Detailed description of the securities being lent, including ISIN numbers and quantities

2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, calculations, and payment terms

3. Schedule 3 - Collateral Requirements: Specific details of acceptable collateral and valuation methods

4. Schedule 4 - Operating Procedures: Detailed procedures for delivery, returns, and corporate actions

5. Schedule 5 - Form of Notices: Standard forms for various notices required under the agreement

6. Appendix A - Contact Details: List of authorized representatives and contact information for both parties

7. Appendix B - Settlement Instructions: Detailed settlement and account information for both parties

8. Appendix C - Regulatory Disclosures: Required regulatory disclosures and compliance statements

Authors

Alex Denne

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

Relevant legal definitions























































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Relevant Industries

Financial Services

Banking

Investment Management

Securities Trading

Asset Management

Insurance

Pension Funds

Capital Markets

Corporate Finance

Wealth Management

Fund Management

Professional Services

Legal Services

Relevant Teams

Legal

Compliance

Trading

Operations

Risk Management

Treasury

Investment Management

Settlement

Collateral Management

Corporate Finance

Regulatory Affairs

Securities Services

Portfolio Management

Documentation

Relevant Roles

Legal Counsel

Securities Trading Manager

Compliance Officer

Risk Manager

Portfolio Manager

Investment Director

Treasury Manager

Operations Manager

Settlement Officer

Collateral Manager

Trading Desk Manager

Chief Investment Officer

Head of Securities Lending

Legal Director

Chief Financial Officer

Investment Analyst

Regulatory Compliance Manager

Corporate Lawyer

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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