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Stock Exchange Agreement Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes the relationship between Bursa Malaysia Securities Berhad and its trading participants. The document outlines trading rights, obligations, technical requirements, and compliance responsibilities under Malaysian securities regulations, including both conventional and Islamic trading frameworks. It incorporates specific provisions aligned with the Capital Markets and Services Act 2007, Securities Commission Malaysia requirements, and relevant Bursa Malaysia listing and trading rules.

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What is a Stock Exchange Agreement?

The Stock Exchange Agreement serves as the foundational document governing the relationship between Bursa Malaysia Securities Berhad and entities seeking to participate in Malaysia's securities market. This agreement is essential for any organization looking to engage in securities trading on Malaysia's primary exchange, whether as a regular trading participant, market maker, or specialized trading member. The document encompasses comprehensive provisions for technical connectivity, regulatory compliance, risk management, and trading operations, while adhering to Malaysian securities laws and regulations, including Shariah-compliant considerations where applicable. It is typically required during the initial application process for trading rights and must be executed before any trading activities can commence on the exchange.

What sections should be included in a Stock Exchange Agreement?

1. Parties: Identification of the stock exchange and the trading participant/member

2. Background: Context of the agreement, including the exchange's authority to operate and the participant's intention to trade

3. Definitions: Comprehensive definitions of technical terms, market-specific terminology, and key concepts used throughout the agreement

4. Grant of Trading Rights: Terms and conditions under which trading rights are granted to the participant

5. Regulatory Compliance: Obligations to comply with Malaysian securities laws, exchange rules, and regulatory requirements

6. Trading Operations: Rules and procedures for conducting trading activities on the exchange

7. Risk Management: Requirements for risk management systems and procedures

8. Fees and Charges: Structure and payment terms for exchange fees, trading charges, and other applicable costs

9. Technical Requirements: Specifications for systems, connectivity, and technical infrastructure

10. Security and Access: Provisions for system access, security protocols, and data protection

11. Default Provisions: Consequences and procedures in case of participant default

12. Representations and Warranties: Standard legal declarations by both parties

13. Confidentiality: Obligations regarding confidential information and trade secrets

14. Term and Termination: Duration of agreement and conditions for termination

15. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law

What sections are optional to include in a Stock Exchange Agreement?

1. Market Making Obligations: Required when the participant will act as a market maker, defining specific obligations and privileges

2. Direct Market Access: Include when the participant offers DMA services to clients

3. Algorithmic Trading: Required when the participant engages in algorithmic or high-frequency trading

4. Islamic Trading Window: Include for Shariah-compliant trading arrangements

5. Cross-Border Trading: Required for participants engaging in international trading activities

6. Research Services: Include if the participant provides or receives research services

7. Securities Borrowing and Lending: Required for participants engaging in securities lending activities

What schedules should be included in a Stock Exchange Agreement?

1. Fee Schedule: Detailed breakdown of all applicable fees, charges, and payment terms

2. Technical Specifications: Detailed technical requirements for systems and connectivity

3. Trading Hours and Calendar: Operating hours, trading sessions, and market holidays

4. Emergency Procedures: Protocols for system outages, market disruptions, and other emergencies

5. Compliance Requirements: Detailed regulatory compliance obligations and reporting requirements

6. Risk Management Parameters: Specific risk management requirements and thresholds

7. Form of Trading Participant Application: Standard application forms and required documentation

8. Service Level Agreement: Performance standards and metrics for trading systems

9. Market Data Terms: Terms and conditions for market data access and usage

10. Contact Details: List of key contacts and escalation procedures

Authors

Alex Denne

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

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Security Agreement

Cost

Free to use

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