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Stock Loan Agreement Template for Canada

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Key Requirements PROMPT example:

Stock Loan Agreement

"I need a Stock Loan Agreement for a Canadian pension fund lending securities to a major investment bank, with specific provisions for automated trading platforms and triparty collateral arrangements through our custodian bank."

Document background
The Stock Loan Agreement serves as the primary contractual framework for securities lending transactions in the Canadian market. It is essential when financial institutions, investment firms, or other market participants engage in the temporary transfer of securities against collateral. The agreement is designed to comply with Canadian federal and provincial regulations, including securities laws, tax requirements, and financial institution guidelines. This document type is commonly used by banks, investment dealers, pension funds, and asset managers who need to facilitate securities lending for various purposes such as short selling, coverage of settlement failures, or yield enhancement. The Stock Loan Agreement includes comprehensive provisions for operational procedures, risk management, default scenarios, and regulatory compliance, making it a crucial document for participants in the Canadian securities lending market.
Suggested Sections

1. Parties: Identification of the lender and borrower, including their legal status and addresses

2. Background: Context of the agreement and general purpose of the stock lending arrangement

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Loans of Securities: Core provisions governing the lending and borrowing of securities

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, voting rights, and corporate actions

9. Tax Matters: Treatment of tax obligations and manufactured payments

10. Events of Default: Definition of default events and consequences

11. Close-out and Set-off: Procedures for terminating loans and settling obligations

12. Representations and Warranties: Standard representations and warranties from both parties

13. Covenants: Ongoing obligations of the parties

14. Indemnification: Indemnification obligations and procedures

15. General Provisions: Standard legal provisions including notices, amendments, and governing law

Optional Sections

1. Agency Provisions: Required when either party acts as agent for underlying principals

2. Custody Arrangements: Include when third-party custodians are involved in holding securities or collateral

3. Electronic Trading Platform: Required when transactions will be conducted through specific trading platforms

4. Securities Lending Market Disruption: Provisions for handling market disruptions or force majeure events

5. Credit Support Documents: Required when additional credit support providers or guarantors are involved

6. Rehypothecation Rights: Include when parties agree to allow re-use of borrowed securities

7. Special Canadian Tax Provisions: Required for cross-border transactions or specific tax arrangements

Suggested Schedules

1. Schedule A - Eligible Securities: List of securities eligible for lending under the agreement

2. Schedule B - Approved Collateral: Types of acceptable collateral and applicable haircuts

3. Schedule C - Fee Schedule: Lending fees, rebate rates, and other applicable charges

4. Schedule D - Form of Loan Confirmation: Standard form for confirming individual loan transactions

5. Schedule E - Operating Procedures: Detailed procedures for loan initiation, maintenance, and termination

6. Schedule F - Tax Documentation: Required tax forms and procedures

7. Schedule G - Notice Details: Contact information and procedures for notices

8. Appendix 1 - Standard Settlement Instructions: Account details and settlement procedures for transfers

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions































































Clauses








































Relevant Industries

Financial Services

Banking

Investment Management

Securities Trading

Asset Management

Hedge Funds

Pension Funds

Insurance

Investment Banking

Relevant Teams

Legal

Compliance

Trading

Operations

Risk Management

Settlement

Collateral Management

Portfolio Management

Treasury

Securities Finance

Investment

Prime Brokerage

Credit Risk

Documentation

Relevant Roles

Securities Lending Trader

Portfolio Manager

Legal Counsel

Compliance Officer

Risk Manager

Operations Manager

Settlement Officer

Collateral Manager

Chief Investment Officer

Trading Desk Manager

Securities Finance Director

Prime Brokerage Manager

Investment Officer

Treasury Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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