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Short Sale Agreement Template for Singapore

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Key Requirements PROMPT example:

Short Sale Agreement

"Need a Short Sale Agreement for our Singapore hedge fund to borrow 100,000 shares of ABC Technologies Ltd from XYZ Bank, with settlement planned for March 2025 and standard market margin requirements."

Document background
A Short Sale Agreement is essential for parties engaging in short selling activities in Singapore's financial markets. This document is used when an investor wishes to sell securities they don't own by borrowing them from a lender, anticipating a price decline. The agreement must comply with Singapore's Securities and Futures Act, MAS regulations, and SGX rules. It includes crucial provisions for margin requirements, settlement procedures, regulatory reporting, and risk management measures. The Short Sale Agreement is particularly important given Singapore's strict regulatory framework for short selling activities and its position as a major financial center.
Suggested Sections

1. Parties: Identification of the lender and borrower with full legal details

2. Background: Context of the short sale arrangement and purpose

3. Definitions: Key terms used throughout the agreement

4. Securities Details: Specific securities being sold short, including quantity and identification

5. Settlement Terms: Timing and process for settlement of the short sale

6. Margin Requirements: Initial and maintenance margin requirements

7. Representations and Warranties: Standard declarations by both parties

8. Termination: Conditions and process for ending the agreement

Optional Sections

1. Broker Arrangements: Details of any intermediary broker involvement when a broker is facilitating the short sale

2. Collateral Arrangements: Additional security arrangements when collateral beyond standard margin is required

3. Cross-Border Provisions: Additional terms for international transactions when parties are in different jurisdictions

Suggested Schedules

1. Schedule 1 - Securities Schedule: Detailed list of securities subject to short selling

2. Schedule 2 - Margin Requirements: Detailed calculation methodology for margin requirements

3. Schedule 3 - Settlement Procedures: Detailed settlement process and timeline

4. Appendix A - Risk Disclosure Statement: Mandatory risk disclosures as required by MAS

Authors

Alex Denne

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

Relevant legal definitions






























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Industries

Securities and Futures Act (SFA) - Chapter 289: Primary legislation governing securities trading in Singapore, including regulation of short selling activities, requirements for disclosure and reporting of short positions

Securities and Futures (Short Selling) Regulations 2018: Specific regulations that govern short selling, including requirements for marking sell orders and setting out reporting thresholds and obligations

MAS Notice SFA N01 on Short Selling: Regulatory guidelines from the Monetary Authority of Singapore covering requirements for covered short selling and reporting requirements for short positions

Singapore Exchange (SGX) Rules: Trading rules specific to short selling, including settlement requirements and market conduct provisions

Contract Law (Chapter 53A): General contract formation principles, enforceability requirements, and terms and conditions framework applicable to all contracts in Singapore

Companies Act (Chapter 50): Legislation governing corporate governance aspects, share dealing provisions, and disclosure requirements for companies in Singapore

Market Manipulation Provisions: Regulatory provisions preventing market manipulation and ensuring fair trading practices in short selling activities

Settlement Requirements: Rules governing the settlement cycle and procedures for short sale transactions in Singapore markets

Risk Disclosure Requirements: Mandatory disclosure requirements for communicating risks associated with short selling to involved parties

Margin Requirements: Financial requirements and margins that must be maintained for short selling activities as per Singapore regulations

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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