The Security Loan Agreement is a fundamental document in Danish financial markets that facilitates the temporary transfer of securities between financial institutions and market participants. This agreement is essential when one party wishes to borrow securities for purposes such as short selling, covering settlement failures, or supporting market-making activities. The document, governed by Danish law and compliant with EU regulations, establishes the legal framework for securities lending transactions, including detailed provisions for collateral management, corporate actions, and default scenarios. It incorporates requirements from the Danish Financial Business Act, Capital Markets Act, and relevant EU directives, making it suitable for both domestic and cross-border transactions involving Danish entities. The agreement is particularly relevant in today's market where securities lending plays a crucial role in maintaining market liquidity and enabling sophisticated trading strategies.
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Key Requirements PROMPT example:
Security Loan Agreement
I need a Security Loan Agreement governed by Danish law for our pension fund to lend Danish equity securities to multiple approved borrowers, with specific provisions for collateral maintenance and corporate actions that will take effect from March 2025.
1. Parties: Identification of the lender and borrower, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and brief description of the parties' intentions regarding the securities lending arrangement
3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules of interpretation
4. Loan of Securities: Core provisions regarding the lending of securities, including scope, purpose, and general terms
5. Delivery of Securities: Procedures and requirements for the delivery of securities between parties
6. Collateral Requirements: Details of required collateral, including type, value, maintenance, and margin requirements
7. Rights and Obligations: Specific rights and obligations of both parties during the loan period
8. Income and Corporate Actions: Treatment of dividends, interest, voting rights, and other corporate actions
9. Mark-to-Market: Procedures for daily valuation and margin calls
10. Representations and Warranties: Standard and specific representations and warranties from both parties
11. Events of Default: Definition of events of default and consequences
12. Termination: Conditions and procedures for termination of the agreement
13. Settlement and Redelivery: Procedures for returning securities and releasing collateral
14. Indemnification: Indemnification obligations of the parties
15. Notices: Communication requirements and contact details
16. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes
1. Tax Provisions: Detailed tax considerations and obligations - include when parties are in different tax jurisdictions or specific tax implications need to be addressed
2. Regulatory Compliance: Specific regulatory requirements and compliance obligations - include when dealing with regulated entities or cross-border transactions
3. Agency Provisions: Provisions for when one or both parties act as agents - include when involving agency relationships
4. Set-off Rights: Detailed provisions for set-off rights - include when parties have multiple agreements or relationships
5. Electronic Trading Provisions: Provisions for electronic trading platforms and systems - include when using electronic trading systems
6. Custodian Provisions: Specific provisions relating to custodians - include when third-party custodians are involved
7. Force Majeure: Provisions for extraordinary events - include when specific market disruption concerns exist
1. Schedule 1 - Eligible Securities: List of securities eligible for lending under the agreement
2. Schedule 2 - Eligible Collateral: Types and characteristics of acceptable collateral
3. Schedule 3 - Margin Percentages: Detailed margin requirements for different types of securities and collateral
4. Schedule 4 - Fee Schedule: Lending fees, rates, and calculation methods
5. Schedule 5 - Operating Procedures: Detailed operational procedures for loans, returns, and corporate actions
6. Schedule 6 - Form of Loan Confirmation: Standard form for confirming individual loan transactions
7. Appendix A - Contact Details: List of authorized personnel and contact information
8. Appendix B - Standard Settlement Instructions: Settlement and payment instructions for both parties
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Investment Management
Insurance
Pension Funds
Asset Management
Securities Trading
Financial Services
Investment Banking
Fund Management
Wealth Management
Relevant Teams
Legal
Compliance
Risk Management
Trading Operations
Securities Lending
Collateral Management
Settlement
Portfolio Management
Treasury
Financial Control
Investment Operations
Product Control
Middle Office
Back Office
Relevant Roles
Securities Lending Manager
Collateral Manager
Trading Operations Director
Legal Counsel
Risk Manager
Portfolio Manager
Compliance Officer
Treasury Manager
Settlement Officer
Product Controller
Operations Manager
Financial Controller
Trading Desk Manager
Chief Investment Officer
Head of Securities Services
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