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Security Lending Agreement

Security Lending Agreement Template for Austria

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Key Requirements PROMPT example:

Security Lending Agreement

"I need a Securities Lending Agreement under Austrian law for my asset management firm to act as lender, with specific provisions for lending European equities to multiple broker-dealers and including tri-party collateral management arrangements with our custodian bank."

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Document background
The Securities Lending Agreement serves as the primary contractual framework for institutions engaging in securities lending transactions under Austrian law. It is essential for financial institutions looking to generate additional revenue from their securities holdings or facilitate short-selling activities. The agreement comprehensively addresses loan initiation, collateral management, rights and obligations of parties, default scenarios, and regulatory compliance requirements. This document type is particularly important in the Austrian market as it incorporates specific provisions of Austrian financial law while maintaining compatibility with EU regulations. The agreement is typically used by banks, investment firms, and institutional investors operating in or from Austria, and includes all necessary provisions to comply with both Austrian and EU regulatory requirements.
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: Definitions of key terms used throughout the agreement and interpretation rules

4. Loans of Securities: Core provisions governing the lending of securities, including initiation process and confirmation requirements

5. Transfer of Securities and Collateral: Procedures and requirements for transferring securities and collateral

6. Collateral Requirements: Specifications for acceptable collateral, valuation methods, and maintenance requirements

7. Margin Maintenance: Procedures for calculating and maintaining margin requirements

8. Income and Corporate Actions: Treatment of dividends, interest, and corporate actions affecting loaned securities

9. Fees and Charges: Lending fees, charges, and payment terms

10. Tax Provisions: Tax obligations, withholding requirements, and related representations

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

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

13. Close-out and Set-off: Procedures for termination and settlement following default

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

Optional Sections

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

2. Third Party Service Providers: Needed when custodians or other service providers are involved

3. Additional Services: For cases where additional services like collateral management are provided

4. Electronic Trading Platform: Required when transactions will be executed through specific trading platforms

5. Regulatory Reporting: Specific provisions for regulatory reporting requirements when applicable

6. Central Counterparty Provisions: Required when transactions are cleared through a CCP

7. Non-Cash Collateral Arrangements: Detailed provisions when non-cash collateral is permitted

Suggested Schedules

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

2. Schedule B - Eligible Collateral: Types of acceptable collateral and related haircuts

3. Schedule C - Fee Schedule: Detailed fee structure and calculation methods

4. Schedule D - Operational Procedures: Detailed operational procedures including settlement instructions

5. Schedule E - Forms and Notices: Standard forms for borrowing requests, confirmations, and notices

6. Schedule F - Contact Details: Contact information for authorized personnel and departments

7. Schedule G - Tax Documentation: Required tax forms and documentation

8. Appendix 1 - Standard Settlement Instructions: Detailed settlement instructions for both parties

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

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





























































Clauses


































Relevant Industries

Banking

Investment Management

Asset Management

Insurance

Pension Funds

Securities Trading

Investment Banking

Financial Services

Fund Management

Wealth Management

Relevant Teams

Legal

Compliance

Risk Management

Securities Operations

Trading

Settlement

Collateral Management

Client Relations

Credit Risk

Financial Control

Regulatory Reporting

Middle Office

Relevant Roles

Securities Lending Trader

Legal Counsel

Compliance Officer

Risk Manager

Operations Manager

Collateral Manager

Portfolio Manager

Securities Operations Specialist

Trading Desk Manager

Settlement Officer

Relationship Manager

Credit Risk Analyst

Financial Controller

Head of Securities Finance

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, 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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