The Share Lending Agreement serves as the primary documentation for securities lending transactions in the Indonesian market. It is used when institutional investors, brokers, or other eligible market participants need to temporarily transfer securities for various purposes, including settlement coverage, short selling activities (where permitted), or yield enhancement strategies. The agreement must comply with Indonesian Financial Services Authority (OJK) regulations, particularly OJK Regulation No. 45/POJK.04/2020, and includes specific provisions for collateral management, corporate actions, and market-specific settlement procedures through KSEI. The document is essential for market participants engaging in securities financing transactions within the Indonesian capital markets framework and requires careful consideration of local regulatory requirements and market practices.
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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: Key terms used throughout the agreement and rules of interpretation
4. Loan of Securities: Core provisions regarding the lending arrangement, including scope and purpose
5. Term and Termination: Duration of the agreement and circumstances for termination
6. Delivery and Settlement: Procedures for transferring securities and returning them
7. Collateral Requirements: Details of required collateral, maintenance, and adjustments
8. Fee Structure: Lending fees, payment terms, and calculation methods
9. Rights and Obligations: Detailed responsibilities of each party during the lending period
10. Representations and Warranties: Standard and specific warranties from both parties
11. Corporate Actions: Handling of dividends, rights issues, and other corporate events
12. Events of Default: Definition of default events and consequences
13. Tax Provisions: Treatment of taxes and withholding requirements
14. Regulatory Compliance: Compliance with OJK regulations and other applicable laws
15. Notices: Communication procedures between parties
16. Governing Law and Jurisdiction: Confirmation of Indonesian law and jurisdiction
17. Miscellaneous: Standard boilerplate provisions including amendments, assignments, and severability
1. Intermediary Provisions: Required when a broker or custodian is involved in facilitating the lending arrangement
2. Market Disruption: Provisions for handling market disruption events, if relevant to the specific arrangement
3. Voting Rights Transfer: Specific arrangements for voting rights during the loan period, if applicable
4. Cross-Border Provisions: Required when either party is foreign or securities are listed overseas
5. Electronic Trading Platform: Required when the lending arrangement is facilitated through an electronic platform
6. Margin Maintenance: Detailed margin requirements if using mark-to-market collateral arrangements
1. Schedule 1 - Eligible Securities: List of securities eligible for lending under the agreement
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees and calculation methodologies
3. Schedule 3 - Form of Loan Notice: Standard form for requesting or confirming securities loans
4. Schedule 4 - Collateral Requirements: Detailed specifications for acceptable collateral and haircuts
5. Schedule 5 - Settlement Instructions: Standard settlement and delivery instructions
6. Schedule 6 - Contact Details: List of authorized representatives and contact information
7. Appendix A - Standard Terms and Conditions: Detailed terms and conditions referenced in the main agreement
8. Appendix B - Regulatory Disclosures: Required disclosures under OJK regulations
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Investment Management
Securities Trading
Asset Management
Capital Markets
Wealth Management
Corporate Finance
Investment Banking
Relevant Teams
Legal
Compliance
Risk Management
Trading
Operations
Settlement
Portfolio Management
Custody
Investment
Treasury
Finance
Regulatory Reporting
Investment Operations
Relevant Roles
Securities Lending Manager
Legal Counsel
Compliance Officer
Risk Manager
Trading Director
Operations Manager
Settlement Officer
Portfolio Manager
Custody Manager
Chief Investment Officer
Treasury Manager
Financial Controller
Regulatory Reporting Officer
Investment Operations Manager
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