The Stock Loan Agreement is a fundamental document used in securities financing transactions under Danish law, enabling market participants to temporarily transfer securities while maintaining economic benefits of ownership. This agreement is essential for various market activities including short selling, settlement coverage, and market making. The document incorporates specific Danish regulatory requirements, particularly those under the Danish Capital Markets Act and Securities Trading Act, and includes detailed provisions for collateral arrangements, income payments, corporate actions, and default scenarios. The agreement is typically used by financial institutions, investment firms, and institutional investors engaging in securities lending within the Danish market or cross-border transactions involving Danish securities or counterparties.
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Key Requirements PROMPT example:
Stock Loan Agreement
I need a Stock Loan Agreement governed by Danish law for a pension fund lending Danish equities to a major investment bank, with specific provisions for corporate actions and voting rights to be retained by the lender.
1. Parties: Identification of the lender and borrower, including their full legal names, registration numbers, and addresses
2. Background: Context of the agreement and general purpose of the stock lending arrangement
3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules of interpretation
4. Loans of Securities: Core provisions governing the lending and borrowing of securities, including initiation process and confirmation requirements
5. Delivery of Securities: Procedures and requirements for the delivery of securities between parties
6. Collateral Requirements: Provisions regarding the posting, maintenance, and return of collateral
7. Rights and Obligations: Specific rights and obligations of both parties during the term of any loan
8. Income and Corporate Actions: Treatment of dividends, voting rights, and other corporate actions affecting the loaned securities
9. Margin Maintenance: Requirements and procedures for maintaining agreed margin levels
10. Events of Default: Definition of events of default and their consequences
11. Termination Provisions: Procedures and requirements for terminating individual loans and the agreement
12. Tax Provisions: Treatment of tax matters, including withholding tax and manufactured payments
13. Representations and Warranties: Standard representations and warranties from both parties
14. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes
1. Agency Provisions: Required when either party is acting as an agent for underlying principals
2. Custody Arrangements: Needed when involving third-party custodians in the arrangement
3. Electronic Trading Platform: Required when trades will be executed through specific electronic platforms
4. Non-Standard Settlement: Needed for arrangements involving non-standard settlement procedures
5. Special Custody Requirements: Required for securities subject to special custody or regulatory requirements
6. Market Making Activities: Needed when the borrower is using the securities for market making activities
1. Schedule 1 - Form of Loan Confirmation: Standard form for confirming individual loan transactions
2. Schedule 2 - Eligible Securities: List and characteristics of securities eligible for lending under the agreement
3. Schedule 3 - Eligible Collateral: Approved types of collateral and applicable haircuts
4. Schedule 4 - Contact Details: Contact information for notices, deliveries, and operational matters
5. Schedule 5 - Agency Terms: Detailed terms applicable to agency relationships if relevant
6. Schedule 6 - Fee Schedule: Lending fees, rebate rates, and other applicable charges
7. Appendix A - Standard Settlement Instructions: Detailed instructions for settlement of securities and collateral transfers
8. Appendix B - Tax Documentation: Required tax forms and documentation
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Investment Banking
Asset Management
Securities Trading
Investment Management
Pension Fund Management
Insurance
Prime Brokerage
Hedge Funds
Banking
Relevant Teams
Legal
Compliance
Risk Management
Trading
Operations
Settlement
Collateral Management
Portfolio Management
Investment Operations
Documentation
Credit Risk
Regulatory Reporting
Securities Finance
Investment Strategy
Middle Office
Relevant Roles
Securities Lending Trader
Legal Counsel
Compliance Officer
Risk Manager
Portfolio Manager
Operations Manager
Collateral Manager
Settlement Officer
Trading Desk Manager
Chief Investment Officer
Head of Securities Finance
Documentation Specialist
Regulatory Reporting Officer
Credit Risk Analyst
Investment Operations Director
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