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Security Loan Agreement Template for Austria

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Key Requirements PROMPT example:

Security Loan Agreement

"I need a Security Loan Agreement under Austrian law for a fixed-term arrangement between our investment bank and a pension fund, covering government bonds with cash collateral, to commence in March 2025."

Document background
The Security Loan Agreement serves as the primary legal framework for securities lending transactions in Austria, enabling financial institutions to temporarily transfer securities while maintaining proper risk management and regulatory compliance. This document is essential when parties wish to engage in securities lending activities under Austrian jurisdiction, whether for market-making, short selling, or collateral purposes. The agreement comprehensively addresses all aspects of the lending relationship, including transfer mechanics, collateral requirements, corporate actions, and default scenarios. It incorporates specific provisions required by Austrian financial regulations and relevant EU directives, while also considering market standards and best practices in the securities lending industry. The Security Loan Agreement is particularly crucial for financial institutions operating in Austrian markets, as it provides the necessary legal structure to facilitate efficient securities lending while ensuring proper risk management and regulatory compliance.
Suggested Sections

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

2. Background: Context of the agreement and general purpose of the security lending arrangement

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

4. Loan of Securities: Core provisions regarding the lending of securities, including identification of securities and transfer mechanics

5. Delivery and Redelivery: Procedures and timing for the delivery of loaned securities and their return

6. Collateral Arrangements: Requirements for collateral, including type, value, maintenance, and margin calls

7. Fees and Payments: Lending fees, payment mechanics, and other financial considerations

8. Tax Provisions: Treatment of taxes, including withholding tax and manufactured payments

9. Representations and Warranties: Standard and specific representations and warranties from both parties

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

11. Termination: Provisions for both ordinary and early termination of the agreement

12. Set-off Rights: Rights of set-off and netting arrangements

13. Governing Law and Jurisdiction: Confirmation of Austrian law governance and jurisdiction arrangements

14. Notices: Communication procedures and contact details

15. General Provisions: Standard boilerplate clauses including amendments, assignments, and severability

Optional Sections

1. Agency Provisions: Required when either party is acting as agent for multiple principals

2. Third Party Rights: Needed when rights are to be conferred on third parties

3. Market Disruption: Provisions dealing with market disruption events, particularly relevant for listed securities

4. Electronic Trading Provisions: Required when securities lending will be conducted through electronic platforms

5. Custody Arrangements: Detailed provisions required when involving third-party custodians

6. Securities Distributions: Specific provisions for handling corporate actions and distributions during the loan period

7. Force Majeure: Extended provisions for force majeure events beyond standard termination provisions

Suggested Schedules

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

2. Eligible Securities: List and specifications of securities eligible for lending under the agreement

3. Eligible Collateral: Detailed specifications of acceptable collateral types and haircuts

4. Fee Schedule: Detailed breakdown of fees and calculation methodologies

5. Contact Details: Comprehensive list of contact information for various functions (operations, legal, etc.)

6. Required Documentation: List of supporting documents required from each party

7. Form of Tax Documentation: Templates for tax-related certifications and documents

8. Service Level Requirements: Operational procedures and timing requirements for transactions

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


































































Clauses






























Relevant Industries

Banking

Investment Management

Securities Trading

Asset Management

Financial Services

Investment Banking

Hedge Funds

Pension Funds

Insurance

Wealth Management

Relevant Teams

Legal

Compliance

Risk Management

Securities Trading

Operations

Settlement

Custody

Portfolio Management

Financial Control

Regulatory Reporting

Collateral Management

Investment Management

Relevant Roles

Legal Counsel

Securities Trading Manager

Compliance Officer

Risk Manager

Portfolio Manager

Operations Manager

Collateral Manager

Securities Lending Specialist

Trading Desk Manager

Investment Officer

Financial Controller

Regulatory Reporting Officer

Settlement Officer

Custody Operations 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, 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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