The Share Lending Agreement serves as the primary documentation for securities lending transactions in Singapore's financial markets. It is essential when parties wish to engage in securities lending activities, whether for short selling, market making, or collateral purposes. The agreement must comply with Singapore's regulatory framework, particularly the Securities and Futures Act and MAS guidelines. It typically includes provisions for loan initiation, collateral management, corporate actions, fees, and default scenarios, while incorporating local market conventions and legal requirements.
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Key Requirements PROMPT example:
Share Lending Agreement
"Need a Share Lending Agreement governed by Singapore law for a major bank lending Singapore-listed equities to multiple hedge fund borrowers, with specific provisions for agency lending and automated collateral management systems."
1. Parties: Identification of lender and borrower, including registration details and addresses
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement including regulated terms under Securities and Futures Act
4. Loan of Securities: Core terms of the lending arrangement including delivery mechanisms and compliance with MAS requirements
5. Collateral: Requirements for collateral posting and maintenance, including eligible collateral types and haircuts
6. Fees and Charges: Lending fees, corporate action payments, and other charges including tax implications
7. Rights and Obligations: Detailed responsibilities of each party including regulatory reporting requirements
8. Events of Default: Circumstances constituting default and consequences under Singapore law
9. Termination: Conditions and process for ending the agreement including regulatory notifications
1. Agency Provisions: Additional terms when one party acts as agent for multiple principals, including MAS licensing requirements
2. Cross-border Provisions: Additional terms for international lending including foreign jurisdiction compliance
3. Tax Provisions: Specific tax handling arrangements including withholding tax and manufactured payments
1. Form of Loan Confirmation: Template for confirming individual loan transactions as per MAS requirements
2. Eligible Securities: List of securities that may be borrowed under the agreement in compliance with SFA
3. Eligible Collateral: Approved forms of collateral and respective haircuts as per regulatory requirements
4. Agency Annex: Details of agency arrangements if applicable, including regulatory obligations
5. Fee Schedule: Detailed breakdown of all applicable fees and charges
6. Operating Procedures: Detailed procedures for loans, recalls, and corporate actions in compliance with SGX-ST rules
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