The Master Securities Loan Agreement serves as the primary contractual framework for securities lending transactions in South Africa. It is designed for use by financial institutions, asset managers, and other market participants engaging in securities lending activities within the South African market. The agreement comprehensively addresses all aspects of securities lending, including loan initiation, collateral management, corporate actions, rights and obligations of parties, default scenarios, and termination procedures. It incorporates specific requirements of South African financial markets legislation, exchange control regulations, and relevant regulatory guidelines. This standardized agreement helps ensure consistency in securities lending practices while providing flexibility to accommodate various transaction types and counterparty relationships.
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1. Parties: Identification of the lender and borrower, including their registration details and addresses
2. Background: Context of the agreement and the parties' intentions regarding securities lending arrangements
3. Definitions and Interpretation: Comprehensive definitions of terms used in the agreement and rules of interpretation
4. Loans of Securities: Core provisions governing the lending and borrowing of securities, including initiation and terms of loans
5. Transfer of Securities: Procedures and requirements for transferring securities between parties
6. Collateral Requirements: Rules regarding posting, maintaining, and returning collateral
7. Margin Maintenance: Procedures for calculating and maintaining required margin levels
8. Income Payments and Corporate Actions: Handling of dividends, interest, and other corporate actions affecting loaned securities
9. Tax Provisions: Treatment of tax implications, including withholding tax and manufactured payments
10. Events of Default: Definition of default events and consequences
11. Termination Provisions: Procedures and consequences of termination of loans or the agreement
12. Representations and Warranties: Standard and specific representations made by each party
13. Indemnification and Limitation of Liability: Scope of indemnities and limitations on liability
14. Dispute Resolution: Procedures for resolving disputes, including choice of forum
15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignments
1. Agency Lending Provisions: Additional provisions for when either party acts as an agent rather than principal
2. Cross-Border Provisions: Specific provisions for international securities lending, including exchange control compliance
3. Electronic Trading Platform: Provisions for using electronic platforms for loan initiation and management
4. Tri-Party Arrangements: Additional provisions when using a tri-party collateral agent
5. Securities Lending Automation: Provisions for automated lending programs and straight-through processing
6. Buy-In Procedures: Detailed procedures for buying in securities in case of failure to return
7. Reporting Requirements: Additional reporting obligations for specific types of entities or transactions
1. Schedule A - Eligible Securities: List of securities eligible for lending under the agreement
2. Schedule B - Authorized Representatives: List of persons authorized to act on behalf of each party
3. Schedule C - Required Documentation: List of required documentation and certificates
4. Schedule D - Fee Schedule: Details of lending fees, rebate rates, and other charges
5. Schedule E - Operational Procedures: Detailed procedures for loan initiation, maintenance, and termination
6. Schedule F - Forms and Notices: Standard forms for loan confirmations, recalls, and other notices
7. Schedule G - Collateral Eligibility: Specifications for eligible collateral and haircuts
8. Schedule H - Tax Documentation: Required tax forms and procedures for tax compliance
9. Appendix 1 - Jurisdiction Specific Requirements: Specific requirements under South African law and regulations
10. Appendix 2 - Electronic Trading Terms: Terms and conditions for electronic trading if applicable
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Investment Management
Asset Management
Securities Trading
Hedge Funds
Insurance
Pension Funds
Wealth Management
Capital Markets
Relevant Teams
Legal
Compliance
Risk Management
Securities Lending
Trading
Operations
Treasury
Collateral Management
Investment
Documentation
Regulatory Reporting
Settlement
Client Relations
Relevant Roles
Legal Counsel
Securities Lending Trader
Compliance Officer
Risk Manager
Operations Manager
Portfolio Manager
Treasury Manager
Collateral Manager
Chief Investment Officer
Head of Securities Finance
Trading Desk Manager
Documentation Specialist
Regulatory Reporting Officer
Settlement Officer
Relationship Manager
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