The Stock Loan Agreement serves as the primary contractual framework for securities lending transactions in the South African market. It is essential for financial institutions engaging in securities lending and borrowing activities, providing legal certainty and operational clarity while ensuring compliance with South African financial regulations, particularly the Financial Markets Act of 2012. This agreement is typically used when financial institutions need to facilitate short selling, enhance portfolio returns, or cover settlement failures. It includes detailed provisions for collateral management, corporate actions, events of default, and close-out procedures, all tailored to the South African regulatory environment and market practices. The document incorporates necessary safeguards and requirements specific to the South African financial markets while aligning with international best practices in securities lending.
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1. Parties: Identification of the lender and borrower, including their registered addresses and company details
2. Background: Context of the agreement and general purpose of the stock lending arrangement
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation
4. Loans of Securities: Core provisions governing the lending and borrowing of securities, including loan mechanics and procedures
5. Delivery and Return: Procedures and requirements for the delivery of loaned securities and their eventual return
6. Collateral Requirements: Specifications for collateral posting, maintenance, and margin requirements
7. Payments and Transfers: Provisions regarding manufactured payments, fees, and other financial considerations
8. Events of Default: Definition of default events and their consequences
9. Close-out and Set-off: Procedures for terminating loans and settling obligations following a default
10. Representations and Warranties: Standard representations and warranties from both parties
11. Tax Provisions: Treatment of taxes, including withholding tax and stamp duty considerations
12. Market Disruption: Provisions dealing with market disruption events and their impact on the agreement
13. Notices: Communication requirements and contact details for notices
14. Governing Law and Jurisdiction: Specification of South African law as governing law and jurisdiction details
1. Agency Lending: Additional provisions for when either party acts as an agent rather than principal
2. Custody Arrangements: Specific provisions when a third-party custodian is involved
3. Cross-Border Provisions: Additional requirements for international lending transactions
4. Electronic Trading Platform: Provisions specific to using electronic platforms for loan transactions
5. Securities Distributions: Detailed provisions for handling corporate actions and distributions
6. Indirect Clearing: Provisions for arrangements involving indirect clearing members
7. Credit Support: Additional credit support provisions beyond standard collateral requirements
1. Schedule 1 - Eligible Securities: List of securities eligible for lending under the agreement
2. Schedule 2 - Eligible Collateral: Approved forms of collateral and their respective haircuts
3. Schedule 3 - Fee Schedule: Details of lending fees, minimum fees, and payment calculations
4. Schedule 4 - Operating Procedures: Detailed operational procedures for loan initiation, maintenance, and termination
5. Schedule 5 - Form of Loan Confirmation: Standard form for confirming individual loan transactions
6. Schedule 6 - Contact Details: List of authorized personnel and contact information for both parties
7. Appendix A - Tax Documentation: Required tax forms and declarations
8. Appendix B - Corporate Authority: Form of corporate authorization required from each party
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Investment Banking
Asset Management
Securities Trading
Banking
Wealth Management
Hedge Funds
Pension Funds
Insurance
Relevant Teams
Legal
Compliance
Risk Management
Trading
Operations
Settlement
Collateral Management
Product Development
Client Relations
Credit
Finance
Investment
Relevant Roles
Securities Lending Trader
Portfolio Manager
Legal Counsel
Compliance Officer
Risk Manager
Operations Manager
Settlement Officer
Collateral Manager
Trading Desk Manager
Financial Controller
Product Manager
Relationship Manager
Credit Risk Analyst
Chief Investment Officer
Head of Securities Finance
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