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Securities Lending Agreement for Singapore

Securities Lending Agreement Template for Singapore

A Securities Lending Agreement under Singapore law is a comprehensive legal document that establishes the terms and conditions under which one party (the lender) temporarily transfers securities to another party (the borrower) in exchange for collateral. The agreement is governed by Singapore's Securities and Futures Act and regulated by the Monetary Authority of Singapore, incorporating specific requirements for collateral management, rights and obligations of parties, and default provisions in accordance with Singapore's legal framework.

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What is a Securities Lending Agreement?

The Securities Lending Agreement is essential for financial institutions operating in Singapore's securities markets. It provides a standardized framework for securities lending transactions, ensuring compliance with Singapore's regulatory requirements under the Securities and Futures Act and MAS guidelines. The agreement details crucial aspects including collateral requirements, valuation methods, rights to corporate actions, default procedures, and termination rights. This document is particularly important for risk management and maintaining market liquidity while ensuring legal certainty for all parties involved.

What sections should be included in a Securities Lending Agreement?

1. Parties: Identification of lender and borrower with full legal details

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement including regulatory references to SFA and MAS guidelines

4. Loans of Securities: Core provisions regarding the lending arrangement, including scope and purpose

5. Delivery of Securities: Procedures for transfer of securities and settlement mechanisms

6. Collateral Requirements: Details of required collateral, maintenance margins, and valuation methods

7. Rights and Obligations: Key responsibilities of each party including regulatory compliance requirements

8. Events of Default: Circumstances constituting default and consequences thereof

9. Termination: Provisions for ending the agreement and post-termination obligations

What sections are optional to include in a Securities Lending Agreement?

1. Tax Provisions: Specific tax arrangements and withholding tax provisions - used when parties are in different tax jurisdictions

2. Agency Provisions: Terms for agency arrangements - included when either party acts as agent for third parties

3. Custody Arrangements: Terms for third-party custody - required when using external custodian services

What schedules should be included in a Securities Lending Agreement?

1. Form of Loan Confirmation: Standard form for confirming individual securities loans

2. Eligible Securities: List of securities eligible for lending under the agreement

3. Eligible Collateral: Detailed list of acceptable forms of collateral and their valuation methods

4. Agency Terms: Detailed agency provisions including principal disclosure requirements

5. Fee Schedule: Comprehensive details of lending fees, charges, and calculation methods

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

Singapore

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use

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