The Stock Lending Agreement serves as the primary contractual framework for securities lending transactions in Pakistan. It is essential for financial institutions and market participants engaging in securities lending activities, enabling them to generate additional revenue from their securities holdings or facilitate short-selling operations. The agreement must comply with Pakistani regulatory requirements, particularly those set by the Securities and Exchange Commission of Pakistan (SECP) and the Securities Act 2015, while incorporating internationally recognized practices. This document typically includes detailed provisions for collateral management, corporate actions, rights and obligations of parties, default scenarios, and operational procedures. It is particularly relevant in the context of Pakistan's developing capital markets, where securities lending plays a crucial role in enhancing market liquidity and efficiency.
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1. Parties: Identification of the lender and borrower, including their legal status and registered addresses
2. Background: Context of the agreement and brief description of the parties' intentions regarding securities lending
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Securities', 'Collateral', 'Business Day', etc.
4. Loans of Securities: Core provisions governing the lending and borrowing of securities, including request and delivery procedures
5. Delivery of Securities: Procedures and requirements for the transfer of securities between parties
6. Collateral Requirements: Rules regarding the provision, maintenance, and return of collateral
7. Rights and Obligations: Detailed responsibilities of both parties during the lending period
8. Mark to Market: Procedures for daily valuation of securities and collateral adjustments
9. Income and Corporate Actions: Handling of dividends, rights issues, and other corporate actions
10. Tax Provisions: Treatment of taxes and withholding requirements
11. Events of Default: Definition of default events and consequences
12. Close-out and Set-off: Procedures for termination and settlement of obligations
13. Representations and Warranties: Standard legal assurances from both parties
14. Governing Law and Jurisdiction: Specification of Pakistani law as governing law and jurisdiction details
1. Agency Provisions: Required when either party acts as an agent for underlying clients
2. Islamic Finance Compliance: Required for Shariah-compliant lending arrangements
3. Custodian Provisions: Required when third-party custodians are involved in holding securities or collateral
4. Electronic Trading Platform: Required when transactions are conducted through specific electronic platforms
5. Market Disruption: Optional provisions dealing with market disruption events
6. Force Majeure: Optional provisions for unforeseeable circumstances preventing performance
1. Form of Loan Confirmation: Standard template for confirming individual lending transactions
2. Eligible Securities: List of securities that may be borrowed under the agreement
3. Eligible Collateral: Specified forms of acceptable collateral and haircut rates
4. Agency Terms: Detailed terms applicable to agency relationships if relevant
5. Fee Schedule: Details of lending fees, rates, and calculation methods
6. Contact Details: List of authorized personnel and contact information for both parties
7. Settlement Instructions: Standard settlement and payment instructions for both parties
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