The Master Securities Loan Agreement serves as the primary contractual framework for securities lending transactions in the Philippine market. This agreement is essential for financial institutions engaging in securities lending and borrowing activities, providing a standardized approach to multiple transaction arrangements while ensuring compliance with Philippine regulatory requirements. It addresses key aspects such as loan initiation, collateral management, corporate actions, and default scenarios, incorporating specific provisions required by the Securities and Exchange Commission of the Philippines and the Bangko Sentral ng Pilipinas. The agreement is designed to facilitate efficient securities lending while managing risks and maintaining market stability.
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1. Parties: Identification of the lender and borrower, including their legal status and principal places of business
2. Background: Context of the agreement and the parties' intention to enter into securities lending transactions
3. Definitions: Comprehensive definitions of terms used throughout the agreement, including Philippines-specific terminology
4. Loans of Securities: Core provisions governing the lending and borrowing of securities, including initiation process
5. Transfer of Securities: Procedures and requirements for the transfer of securities between parties
6. Collateral Requirements: Rules regarding posting, maintaining, and returning collateral
7. Margin Maintenance: Requirements for maintaining margin levels and procedures for margin calls
8. Income and Corporate Actions: Treatment of dividends, interest, and other corporate actions affecting loaned securities
9. Fees and Charges: Lending fees, rates, and payment mechanisms
10. Tax Provisions: Tax obligations and procedures specific to Philippines securities lending
11. Events of Default: Definition of default events and consequences
12. Termination: Procedures for terminating individual loans and the master agreement
13. Representations and Warranties: Standard and Philippines-specific representations by both parties
14. Governing Law and Jurisdiction: Application of Philippine law and jurisdiction provisions
1. Agency Lending: Include when either party may act as agent for third-party principals
2. Sovereign Immunity: Include when dealing with government entities or sovereign wealth funds
3. Electronic Trading Systems: Include when parties will use electronic platforms for loan transactions
4. Tri-party Arrangements: Include when using a tri-party collateral agent
5. Foreign Exchange Transactions: Include when loans involve cross-border transactions or foreign currency
6. Market Disruption: Include provisions for handling market disruption events
7. Filipino Language Provision: Include when one party requires documentation in Filipino language
1. Schedule A - Eligible Securities: List of securities eligible for lending under the agreement
2. Schedule B - Approved Borrowers/Lenders: List of pre-approved entities for agency lending arrangements
3. Schedule C - Collateral Schedule: Acceptable forms of collateral and applicable haircuts
4. Schedule D - Fee Schedule: Details of lending fees and rebate rates
5. Schedule E - Operations Contacts: Contact details for operational matters
6. Schedule F - Forms: Standard forms for loan confirmations and notices
7. Appendix A - Electronic Trading Terms: Terms for electronic trading if applicable
8. Appendix B - Tax Documentation: Required tax forms and documentation
9. Appendix C - Philippine Regulatory Requirements: Specific requirements under Philippine law and regulations
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Securities Trading
Investment Management
Insurance
Asset Management
Capital Markets
Pension Fund Management
Wealth Management
Corporate Finance
Investment Banking
Relevant Teams
Legal
Compliance
Risk Management
Securities Operations
Trading
Treasury
Investment Management
Collateral Management
Regulatory Reporting
Settlement
Portfolio Management
Credit Risk
Documentation
Relevant Roles
Securities Lending Manager
Trading Desk Manager
Compliance Officer
Legal Counsel
Risk Manager
Operations Manager
Collateral Manager
Portfolio Manager
Securities Operations Officer
Treasury Manager
Investment Officer
Chief Investment Officer
Head of Securities Services
Regulatory Reporting Officer
Settlement Officer
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