The Stock Borrowing And Lending Agreement (SBLA) is essential for organizations engaging in securities lending transactions within Singapore's financial markets. This agreement becomes necessary when parties wish to establish a framework for temporary securities transfers, typically for purposes such as short selling, settlement coverage, or market making. The SBLA, governed by Singapore law, encompasses crucial elements including loan terms, collateral management, corporate actions, and default scenarios, while ensuring compliance with MAS regulations and Singapore's Securities and Futures Act. It provides legal certainty and operational clarity for both lenders and borrowers in securities lending transactions.
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Key Requirements PROMPT example:
Stock Borrowing And Lending Agreement
"Need a Stock Borrowing And Lending Agreement for our Singapore-based hedge fund to borrow equities from multiple institutional lenders, with specific provisions for cryptocurrency collateral and cross-border transactions with Japanese counterparties."
1. Parties: Identification and details of the lender and borrower
2. Background: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Loans of Securities: Core provisions governing the lending arrangement
5. Delivery of Securities: Procedures for transferring securities
6. Collateral Requirements: Details of required collateral and maintenance
7. Rights and Obligations: Responsibilities of each party
8. Events of Default: Circumstances constituting default and consequences
9. Termination: Conditions and procedures for ending the agreement
1. Cross-Border Provisions: Additional terms for international transactions when parties are from different jurisdictions
2. Agency Provisions: Terms governing agency relationships when one party acts as agent
3. Tax Provisions: Specific tax-related terms when tax implications need specific attention
1. Schedule of Eligible Securities: List of securities that may be borrowed/lent
2. Schedule of Eligible Collateral: Approved forms of collateral
3. Operating Procedures: Detailed procedures for loans and returns
4. Fee Schedule: Lending fees and other charges
5. Form of Loan Confirmation: Standard form for confirming individual loans
6. Contact Details: List of authorized representatives and contact information
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