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Stock Borrowing Agreement Template for Ireland

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Key Requirements PROMPT example:

Stock Borrowing Agreement

"I need a Stock Borrowing Agreement under Irish law for use between our investment bank and multiple hedge fund clients, with specific provisions for agency lending and enhanced collateral requirements for non-EU securities."

Document background
The Stock Borrowing Agreement is a fundamental document used in the Irish financial markets to facilitate securities lending transactions between financial institutions. It is essential when one party needs to borrow securities from another, typically for purposes such as settlement coverage, short selling, or market making activities. The agreement, governed by Irish law and compliant with EU regulations, comprehensively addresses crucial aspects including loan initiation, collateral requirements, corporate actions, and default scenarios. It incorporates specific provisions required under Irish financial services legislation and Central Bank regulations, while also aligning with international market practices. This document is particularly important in the context of Ireland's position as a significant financial services center and its role in European financial markets.
Suggested Sections

1. Parties: Identifies and defines the lender and borrower, including their registered addresses and company details

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Loans of Securities: Details the core mechanisms for borrowing securities, including initiation process and confirmation requirements

5. Delivery and Return: Specifies the procedures for delivering borrowed securities and returning them

6. Collateral: Outlines collateral requirements, acceptable forms, and maintenance obligations

7. Margin Maintenance: Details the process for calculating and maintaining margin requirements

8. Income Payments and Corporate Actions: Addresses manufactured dividends and other corporate action events

9. Tax: Covers tax obligations, withholding requirements, and gross-up provisions

10. Events of Default: Lists circumstances constituting default and consequences

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

12. Representations and Warranties: Contains standard and specific representations by both parties

13. Indemnities: Sets out mutual indemnification obligations

14. Governing Law and Jurisdiction: Specifies Irish law as governing law and establishes jurisdiction for disputes

Optional Sections

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

2. Intermediary Provisions: Required when transactions involve custodians or other intermediaries

3. Electronic Trading Platform: Include when transactions will be executed through specific trading platforms

4. Securities Lending Market Practice: Reference to market practice when parties agree to follow specific market conventions

5. Non-Standard Settlement: Include for transactions with non-standard settlement arrangements

6. Additional Tax Provisions: Include for cross-border transactions or specific tax structures

Suggested Schedules

1. Form of Loan Confirmation: Template for confirming individual loan transactions

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

3. Eligible Collateral: Specified forms of acceptable collateral and applicable haircuts

4. Agency Annex: Detailed provisions for agency relationships if applicable

5. Fee Schedule: Details of borrowing fees, minimum fees, and calculation methods

6. Contact Details: List of authorized personnel and contact information for notices

7. Settlement Instructions: Standard settlement and payment instructions for both parties

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

Insurance

Capital Markets

Fund Management

Wealth Management

Financial Technology

Relevant Teams

Legal

Securities Lending

Collateral Management

Risk Management

Compliance

Operations

Trading

Settlement

Credit Risk

Documentation

Regulatory Reporting

Client Services

Product Development

Treasury

Relevant Roles

Legal Counsel

Securities Lending Trader

Collateral Manager

Risk Manager

Compliance Officer

Operations Manager

Portfolio Manager

Trading Desk Manager

Settlement Officer

Credit Risk Analyst

Legal Documentation Specialist

Regulatory Reporting Officer

Client Service Manager

Product Manager - Securities Finance

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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