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Stock Borrowing Agreement

Stock Borrowing Agreement Template for Pakistan

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Key Requirements PROMPT example:

Stock Borrowing Agreement

"I need a Stock Borrowing Agreement for my investment bank to borrow Pakistani listed securities from a local pension fund, with standard SECP-compliant terms and a collateral requirement of 102%."

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Document background
The Stock Borrowing Agreement is a crucial document in Pakistani financial markets that enables securities lending transactions between financial institutions. It is typically used when one party needs to borrow securities for purposes such as short selling, settlement coverage, or market making activities. The agreement must comply with Pakistani regulatory requirements, particularly those set by the Securities and Exchange Commission of Pakistan (SECP), while addressing key aspects such as transfer mechanisms, collateral management, corporate actions, and default procedures. This document is essential for financial institutions operating in Pakistan's securities market and must incorporate both local regulatory requirements and international best practices in securities lending.
Suggested Sections

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

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules of interpretation

4. Loans of Securities: Core provisions regarding the borrowing and lending of securities, including process and conditions

5. Transfer of Securities: Procedures and requirements for transferring securities between parties

6. Collateral Requirements: Details of required collateral, including type, amount, and maintenance requirements

7. Rights and Obligations: Specific rights and obligations of both borrower and lender

8. Fees and Charges: Lending fees, rates, and other applicable charges

9. Income and Corporate Actions: Treatment of dividends, rights issues, and other corporate actions

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

11. Termination Provisions: Conditions and procedures for termination of the agreement

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

13. Governing Law and Jurisdiction: Specification of Pakistani law as governing law and jurisdiction details

14. Notices: Process and requirements for formal communications between parties

Optional Sections

1. Electronic Trading Platform: Provisions for using electronic trading platforms for securities borrowing transactions - include when transactions will be conducted electronically

2. Intermediary Provisions: Additional provisions when a broker or agent is involved in facilitating the borrowing arrangement

3. Islamic Finance Compliance: Additional provisions to ensure Shariah compliance - include for Islamic financial institutions

4. Foreign Exchange Provisions: Additional provisions for cross-border transactions - include when dealing with international securities

5. Tax Provisions: Detailed tax implications and responsibilities - include when dealing with complex tax structures or international parties

6. Market Disruption: Provisions dealing with market disruption events - include for longer-term arrangements

Suggested Schedules

1. Schedule 1 - Form of Loan Confirmation: Standard form for confirming individual loan transactions

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

3. Schedule 3 - Eligible Collateral: Types and specifications of acceptable collateral

4. Schedule 4 - Fee Schedule: Detailed breakdown of all applicable fees and charges

5. Schedule 5 - Contact Details: Contact information for key personnel and departments

6. Appendix A - Operating Procedures: Detailed operational procedures for borrowing and returning securities

7. Appendix B - Regulatory Requirements: Summary of relevant SECP and other regulatory requirements

8. Appendix C - Standard Forms: Collection of standard forms used in the borrowing process

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

Financial Services

Investment Banking

Securities Trading

Asset Management

Banking

Brokerage Services

Investment Management

Capital Markets

Relevant Teams

Legal

Compliance

Trading

Risk Management

Operations

Treasury

Settlement

Collateral Management

Portfolio Management

Regulatory Reporting

Finance

Investment Operations

Relevant Roles

Securities Lending Manager

Trading Desk Manager

Compliance Officer

Legal Counsel

Risk Manager

Operations Manager

Portfolio Manager

Collateral Manager

Settlement Officer

Chief Financial Officer

Head of Treasury

Investment Manager

Securities Operations Director

Regulatory Reporting Officer

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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