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.
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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.
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
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
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
Relevant legal definitions
Clauses
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
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