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Security Lending Agreement

Security Lending Agreement Template for Malaysia

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Key Requirements PROMPT example:

Security Lending Agreement

"I need a Security Lending Agreement for use between our Malaysian bank and institutional clients, complying with both conventional and Islamic finance principles, with special attention to collateral requirements for government securities."

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Document background
The Security Lending Agreement serves as the primary contractual framework for securities lending transactions in the Malaysian market. This document is essential when financial institutions, investment firms, or asset managers engage in the temporary lending of securities, typically for purposes such as short selling, settlement coverage, or yield enhancement. The agreement must comply with Malaysian regulatory requirements, particularly the Capital Markets and Services Act 2007 and Securities Commission guidelines, while potentially accommodating Shariah principles in Malaysia's dual banking system. It details crucial elements including loan terms, collateral requirements, rights and obligations, fee structures, and default provisions, providing comprehensive protection for all parties involved in the transaction.
Suggested Sections

1. Parties: Identifies and provides details of the lender and borrower

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 interpretation rules

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

5. Delivery of Securities: Procedures and requirements for delivering securities between parties

6. Collateral Requirements: Details of collateral obligations, maintenance, and margin requirements

7. Rights and Obligations: Key responsibilities and entitlements of both parties

8. Fees and Charges: Lending fees, transaction costs, and payment terms

9. Events of Default: Circumstances constituting default and consequences

10. Termination: Provisions for ending the agreement and closing out positions

11. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority

12. Tax Provisions: Treatment of taxes, including withholding tax obligations

13. Notices: Communication procedures between parties

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

Optional Sections

1. Shariah Compliance: Required if the agreement needs to comply with Islamic finance principles

2. Agency Provisions: Included when one party acts as agent for underlying clients

3. Custodian Arrangements: Required when third-party custodians are involved

4. Cross-Border Provisions: Needed for international securities lending transactions

5. Market Disruption: Provisions dealing with market disruption events

6. Force Majeure: Provisions for extraordinary events affecting performance

7. Electronic Trading Platform: Required when transactions are conducted through specific trading platforms

Suggested Schedules

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

2. Schedule 2 - Authorized Representatives: Names and contact details of authorized personnel

3. Schedule 3 - Fee Schedule: Detailed breakdown of fees and charges

4. Schedule 4 - Collateral Requirements: Specific collateral parameters and haircuts

5. Schedule 5 - Operating Procedures: Detailed operational processes and requirements

6. Appendix A - Form of Loan Confirmation: Standard form for confirming individual loan transactions

7. Appendix B - Form of Recall Notice: Standard form for recalling loaned securities

8. Appendix C - Compliance Documents: Required regulatory and compliance documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






























Clauses



























Relevant Industries

Banking

Financial Services

Investment Management

Securities Trading

Asset Management

Capital Markets

Islamic Finance

Wealth Management

Institutional Investment

Fund Management

Relevant Teams

Legal

Compliance

Securities Trading

Risk Management

Investment Management

Operations

Portfolio Management

Securities Services

Custody Operations

Islamic Banking

Regulatory Compliance

Settlement

Transaction Management

Relevant Roles

Legal Counsel

Compliance Officer

Securities Trading Manager

Risk Manager

Investment Manager

Operations Manager

Portfolio Manager

Securities Lending Trader

Custody Operations Manager

Islamic Finance Specialist

Regulatory Compliance Manager

Settlement Officer

Transaction Manager

Chief Legal Officer

Head of Securities Services

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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