The Stock Borrowing Agreement is essential for facilitating securities lending transactions in the Danish financial markets. It is primarily used when market participants need to borrow securities for various purposes, including short selling, settlement coverage, or market making activities. The agreement, governed by Danish law and compliant with EU regulations, provides a robust legal framework that details the terms of the borrowing arrangement, collateral requirements, fee structures, and rights and obligations of the parties. This document is crucial for financial institutions operating in Denmark and must align with the Danish Capital Markets Act, Securities Trading Act, and other relevant financial regulations. It includes specific provisions for Danish market practices, tax implications, and regulatory reporting requirements.
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Key Requirements PROMPT example:
Stock Borrowing Agreement
I need a Stock Borrowing Agreement under Danish law for our Copenhagen-based investment firm to borrow US equities from multiple Nordic institutional lenders, with the agreement starting March 2025 and including specific provisions for cross-border settlements.
1. Parties: Identification of the lender and borrower, including full legal names and addresses
2. Background: Context of the agreement and general purpose of the stock borrowing arrangement
3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation
4. Loans of Securities: Core provisions governing the borrowing and lending of securities, including initiation and termination of loans
5. Delivery and Redelivery: Procedures and timing for delivery of borrowed securities and their return
6. Collateral Requirements: Terms regarding posting, maintaining, and returning collateral
7. Payments and Transfers: Provisions for borrowing fees, income payments, and other financial terms
8. Corporate Actions: Handling of dividends, rights issues, and other corporate events
9. Representations and Warranties: Standard legal assurances from both parties
10. Events of Default: Circumstances constituting default and consequences
11. Termination Events: Conditions allowing early termination and procedures
12. Tax Provisions: Treatment of taxes, including withholding and gross-up obligations
13. General Provisions: Standard legal clauses including notices, amendments, and governing law
1. Agency Provisions: Required when either party acts as agent for underlying principals
2. Master Agreement Integration: Used when the agreement forms part of a master agreement structure
3. Special Custody Arrangements: Required when involving third-party custodians or specific custody requirements
4. Voting Rights: Detailed provisions for handling voting rights when needed beyond standard corporate actions
5. Additional Regulatory Compliance: Specific provisions required for certain jurisdictions or regulatory regimes
6. Cross-Product Netting: Optional provisions for netting across different financial products
7. Electronic Trading Platform: Required when transactions will be executed through specific trading platforms
1. Schedule A - Eligible Securities: List and characteristics of securities eligible for borrowing
2. Schedule B - Fee Schedule: Detailed breakdown of borrowing fees and charges
3. Schedule C - Collateral Parameters: Specific details on acceptable collateral types and haircuts
4. Schedule D - Operating Procedures: Detailed procedures for loan initiation, maintenance, and termination
5. Schedule E - Forms of Notices: Standard forms for borrowing requests, recalls, and other notices
6. Schedule F - Contact Details: List of authorized personnel and contact information
7. Appendix 1 - Tax Documentation: Required tax forms and documentation
8. Appendix 2 - Custody Details: Settlement and custody account information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Investment Management
Securities Trading
Asset Management
Financial Services
Prime Brokerage
Custody Services
Investment Banking
Fund Management
Relevant Teams
Legal
Compliance
Securities Lending
Trading
Operations
Risk Management
Settlement
Collateral Management
Portfolio Management
Regulatory Reporting
Middle Office
Product Control
Relevant Roles
Securities Lending Trader
Legal Counsel
Compliance Officer
Risk Manager
Operations Manager
Settlement Officer
Portfolio Manager
Prime Brokerage Manager
Collateral Manager
Trading Director
Legal Director
Chief Investment Officer
Head of Securities Finance
Regulatory Reporting Officer
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