The Stock Loan Agreement is a critical document used in the Philippine financial markets to facilitate securities lending transactions between institutional investors, brokers, and other market participants. It is designed to comply with the Philippine Securities Regulation Code (Republic Act No. 8799) and related regulations issued by the Securities and Exchange Commission and Bangko Sentral ng Pilipinas. The agreement covers essential aspects including loan terms, collateral requirements, rights and obligations of parties, corporate actions, voting rights, dividend treatments, and default scenarios. It includes specific provisions required under Philippine law regarding disclosure, reporting, and market conduct. The document is particularly important for market making, settlement coverage, and enhanced portfolio returns in the Philippine securities market.
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1. Parties: Identification of the lender and borrower, including their complete legal names, addresses, and registration details
2. Background: Context of the agreement, including the parties' capacity to enter into the agreement and general purpose of the stock loan
3. Definitions and Interpretation: Comprehensive definitions of technical terms, calculation methods, and interpretation rules
4. Loan of Securities: Core provisions detailing the mechanics of the securities lending, including delivery and return obligations
5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
6. Collateral Requirements: Details of required collateral, marking to market, and collateral maintenance obligations
7. Rights and Obligations: Specific duties of each party, including corporate action provisions and voting rights
8. Fees and Payments: Lending fees, payment mechanisms, and timing of payments
9. Tax Provisions: Treatment of dividends, withholding tax, and other tax-related matters
10. Events of Default: Definition of default events and corresponding remedies
11. Representations and Warranties: Standard and specific representations by each party
12. Regulatory Compliance: Compliance with Philippine securities laws and regulations
13. Notices: Communication procedures between parties
14. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction details
15. General Provisions: Standard boilerplate clauses including amendments, assignments, and severability
1. Securities Lending Agent: Include when a third-party agent is involved in facilitating the lending arrangement
2. Cross-Border Provisions: Required when either party is foreign or securities are listed overseas
3. Electronic Trading Platform: Include when the lending arrangement is facilitated through an electronic platform
4. Central Counterparty Provisions: Include when transactions are cleared through a central counterparty
5. Margin Maintenance: Detailed margin requirements when dealing with volatile securities
6. Force Majeure: Extended provisions for market disruption events and force majeure scenarios
7. Confidentiality: Detailed confidentiality provisions when dealing with sensitive information
1. Schedule 1 - Eligible Securities: List and specifications of securities eligible for lending under the agreement
2. Schedule 2 - Collateral Parameters: Detailed specifications of acceptable collateral and haircuts
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees and calculation methodologies
4. Schedule 4 - Standard Settlement Instructions: Settlement and payment instructions for both parties
5. Schedule 5 - Forms: Standard forms for borrowing requests, recalls, and other notices
6. Schedule 6 - Authorized Persons: List of authorized signatories and traders for each party
7. Appendix A - Required Regulatory Disclosures: Mandatory disclosures required under Philippine securities regulations
8. Appendix B - Tax Documentation: Required tax forms and declarations under Philippine tax laws
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Investment Management
Securities Trading
Asset Management
Brokerage
Investment Banking
Wealth Management
Insurance
Pension Funds
Relevant Teams
Legal
Compliance
Risk Management
Trading
Operations
Investment Management
Securities Lending
Custody Operations
Settlement
Portfolio Management
Collateral Management
Relevant Roles
Securities Lending Manager
Legal Counsel
Compliance Officer
Risk Manager
Trading Manager
Portfolio Manager
Securities Operations Manager
Custody Operations Manager
Investment Officer
Chief Investment Officer
Chief Risk Officer
Chief Legal Officer
Securities Lending Trader
Collateral Manager
Settlement Officer
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