The Share Lending Agreement serves as a critical document in Malaysian financial markets, facilitating securities lending transactions while ensuring compliance with local regulations and market practices. This agreement is essential when financial institutions, asset managers, or other eligible parties wish to temporarily transfer securities for various purposes, including short selling, settlement coverage, or market making activities. The document comprehensively addresses the rights, obligations, and operational procedures required under Malaysian law, particularly the Capital Markets and Services Act 2007 and Bursa Malaysia Guidelines. It includes specific provisions for collateral management, corporate actions, default scenarios, and regulatory reporting requirements unique to the Malaysian market context.
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1. Parties: Identification of the Lender and Borrower with full legal names and details
2. Background: Context of the agreement and purpose of the share lending arrangement
3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation
4. Loan of Securities: Core provisions governing the lending of securities, including process and conditions
5. Delivery and Return: Procedures for delivering securities to borrower and returning them to lender
6. Collateral Requirements: Details of required collateral, including type, value, and maintenance
7. Rights and Obligations: Specific rights and obligations of both lender and borrower
8. Fees and Payments: Lending fees, payment terms, and other financial considerations
9. Representations and Warranties: Standard representations and warranties from both parties
10. Events of Default: Circumstances constituting default and consequences
11. Termination: Provisions for termination of the agreement and post-termination obligations
12. Notices: Communication requirements and contact details
13. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction details
1. Multiple Parties: Additional provisions for agreements involving multiple lenders or borrowers
2. Corporate Actions: Handling of dividends, rights issues, and other corporate actions
3. Set-off Rights: Rights to set off obligations between parties
4. Agency Provisions: Required when one party acts as agent for others
5. Tax Provisions: Detailed tax handling and gross-up provisions if applicable
6. Market Disruption: Provisions dealing with market disruption events
7. Regulatory Compliance: Specific provisions required for regulatory compliance in certain circumstances
1. Form of Loan Notice: Standard form for requesting a securities loan
2. Eligible Securities: List of securities eligible for lending under the agreement
3. Eligible Collateral: Types and specifications of acceptable collateral
4. Fee Schedule: Detailed breakdown of fees and charges
5. Operating Procedures: Detailed procedures for loan transactions and settlements
6. Contact Details: List of authorized personnel and contact information
7. Form of Transfer Instructions: Standard instructions for transferring securities
8. Regulatory Disclosures: Required disclosures under Malaysian securities regulations
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