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Short Sale Contract Template for Singapore

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Key Requirements PROMPT example:

Short Sale Contract

"I need a Short Sale Contract for a Singapore-based hedge fund client who wants to borrow and sell 100,000 shares of a SGX-listed technology company, with specific provisions for daily margin maintenance and electronic settlement procedures, to be executed by March 2025."

What is a Short Sale Contract?

The Short Sale Contract is essential for parties engaging in short selling activities within Singapore's financial markets. This document is used when an investor wishes to sell borrowed securities with the expectation of repurchasing them at a lower price. The contract must comply with Singapore's regulatory framework, including the Securities and Futures Act, MAS guidelines, and SGX rules. It typically includes detailed provisions for margin requirements, settlement procedures, reporting obligations, and risk management measures. The document is particularly important given Singapore's position as a major financial hub and the increased regulatory scrutiny of short selling activities.

What sections should be included in a Short Sale Contract?

1. Parties: Identification of parties involved in the short sale transaction

2. Background: Context and purpose of the short sale arrangement

3. Definitions: Key terms used throughout the contract

4. Transaction Terms: Specific details of the short sale including security, quantity, and price

5. Margin Requirements: Initial and maintenance margin requirements

6. Settlement Procedures: Terms for delivery and payment

7. Representations and Warranties: Standard assurances from both parties

8. Default Provisions: Consequences of default and remedies

9. Governing Law: Specification of Singapore law as governing law

What sections are optional to include in a Short Sale Contract?

1. Risk Disclosure: Detailed risk warnings for retail clients - include when dealing with retail investors

2. Intermediary Provisions: Terms relating to brokers or agents - include when transaction involves intermediaries

3. Cross-Border Provisions: Additional terms for international transactions - include when transaction involves foreign parties

What schedules should be included in a Short Sale Contract?

1. Schedule 1: Security Details: Detailed description of the securities being sold short

2. Schedule 2: Margin Requirements: Detailed margin calculations and maintenance requirements

3. Schedule 3: Reporting Requirements: Details of required regulatory reporting

4. Appendix A: Risk Disclosure Statement: Standard risk warnings required by MAS

5. Appendix B: Settlement Instructions: Detailed settlement and payment procedures

Authors

Alex Denne

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

Relevant legal definitions

































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Industries

Securities and Futures Act (SFA): Primary legislation governing securities trading in Singapore, regulating short selling activities and containing requirements for disclosure and reporting of short positions

Securities and Futures (Short Selling) Regulations 2018: Specific regulations governing short selling, defining requirements for marking sell orders and outlining reporting thresholds and requirements

MAS Guidelines: Monetary Authority of Singapore guidelines covering short position reporting requirements, trading rules and restrictions, and risk management requirements

SGX Rules: Singapore Exchange rules covering trading rules specific to short selling, settlement requirements, and circuit breaker mechanisms

Contract Law Act: Legislation governing general contract formation principles, contractual obligations and remedies in Singapore

Financial Advisers Act: Legislation relevant when short sale involves financial advisory services, governing the provision of financial advice and related services

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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