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Security Lending Agreement Template for Singapore

A Security Lending Agreement under Singapore law is a legally binding document that establishes the terms and conditions under which one party (the lender) temporarily transfers securities to another party (the borrower) in exchange for collateral. The agreement is governed by Singapore's Securities and Futures Act and falls under the regulatory oversight of the Monetary Authority of Singapore. It includes detailed provisions for the transfer of securities, collateral management, rights and obligations of parties, default scenarios, and termination procedures.

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What is a Security Lending Agreement?

The Security Lending Agreement is essential for facilitating the temporary transfer of securities in Singapore's financial markets. It is commonly used when institutions need to borrow securities for various purposes, including short selling, settlement coverage, or market making activities. The agreement, governed by Singapore law, provides comprehensive coverage of lending terms, collateral requirements, and risk management provisions, ensuring compliance with MAS regulations and the Securities and Futures Act. This document is crucial for maintaining market liquidity and enabling efficient securities trading while protecting the interests of all parties involved.

What sections should be included in a Security Lending Agreement?

1. Parties: Identification of lender and borrower with full legal names and addresses

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Loans of Securities: Core provisions regarding the lending and borrowing of securities

5. Delivery of Securities: Procedures for transfer of securities

6. Collateral Requirements: Types, maintenance, and handling of collateral

7. Rights and Obligations: Duties of each party during the lending period

8. Events of Default: Circumstances constituting default and consequences

9. Termination Provisions: Conditions and procedures for ending the agreement

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

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

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

3. Tax Provisions: Specific tax handling arrangements when tax implications need specific attention

What schedules should be included in a Security Lending Agreement?

1. Schedule of Eligible Securities: List of securities that may be lent under the agreement

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

3. Collateral Parameters: Detailed specifications for acceptable collateral

4. Agency Terms: Specific terms for agency arrangements if applicable

5. Contact Details: List of authorized personnel and contact information

Authors

Alex Denne

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

Jurisdiction

Singapore

Publisher

Ƶ

Document Type

Security Agreement

Cost

Free to use

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