A Short Sale Agreement is essential for parties engaging in short selling activities in Singapore's financial markets. This document is used when an investor wishes to sell securities they don't own by borrowing them from a lender, anticipating a price decline. The agreement must comply with Singapore's Securities and Futures Act, MAS regulations, and SGX rules. It includes crucial provisions for margin requirements, settlement procedures, regulatory reporting, and risk management measures. The Short Sale Agreement is particularly important given Singapore's strict regulatory framework for short selling activities and its position as a major financial center.
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Key Requirements PROMPT example:
Short Sale Agreement
"Need a Short Sale Agreement for our Singapore hedge fund to borrow 100,000 shares of ABC Technologies Ltd from XYZ Bank, with settlement planned for March 2025 and standard market margin requirements."
1. Parties: Identification of the lender and borrower with full legal details
2. Background: Context of the short sale arrangement and purpose
3. Definitions: Key terms used throughout the agreement
4. Securities Details: Specific securities being sold short, including quantity and identification
5. Settlement Terms: Timing and process for settlement of the short sale
6. Margin Requirements: Initial and maintenance margin requirements
7. Representations and Warranties: Standard declarations by both parties
8. Termination: Conditions and process for ending the agreement
1. Broker Arrangements: Details of any intermediary broker involvement when a broker is facilitating the short sale
2. Collateral Arrangements: Additional security arrangements when collateral beyond standard margin is required
3. Cross-Border Provisions: Additional terms for international transactions when parties are in different jurisdictions
1. Schedule 1 - Securities Schedule: Detailed list of securities subject to short selling
2. Schedule 2 - Margin Requirements: Detailed calculation methodology for margin requirements
3. Schedule 3 - Settlement Procedures: Detailed settlement process and timeline
4. Appendix A - Risk Disclosure Statement: Mandatory risk disclosures as required by MAS
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