The Stock Lending Agreement serves as the primary contractual framework for securities lending transactions in the Indonesian market. It is used when parties wish to establish an ongoing relationship for securities lending and borrowing, typically to facilitate market making, short selling, or settlement coverage. The agreement must comply with Indonesian regulations, particularly OJK requirements and IDX rules, while incorporating international best practices. It covers crucial aspects such as loan initiation, collateral management, corporate actions, and default scenarios. This document is essential for financial institutions participating in Indonesia's securities lending market and must be structured to meet both regulatory requirements and operational needs of the parties involved.
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1. Parties: Identification of the lender and borrower, including their legal status and regulatory authorizations
2. Background: Context of the agreement and confirmation that parties have authority to enter into securities lending transactions
3. Definitions and Interpretation: Comprehensive 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 procedures and conditions
5. Transfer of Securities and Collateral: Procedures and requirements for transferring securities and posting collateral
6. Collateral Maintenance: Rules for maintaining, monitoring, and adjusting collateral levels
7. Rights and Obligations: Detailed responsibilities of each party during the lending period
8. Income and Corporate Actions: Treatment of dividends, rights issues, and other corporate actions affecting borrowed securities
9. Fees and Charges: Lending fees, charges, and payment procedures
10. Tax Provisions: Tax obligations and procedures for handling tax matters
11. Representations and Warranties: Standard representations and specific confirmations required under Indonesian law
12. Events of Default: Definition of default events and consequences
13. Termination: Procedures for terminating loans and the agreement
14. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law
15. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Agency Provisions: Include when either party acts as agent for underlying clients
2. Intermediary Provisions: Include when transactions involve brokers or other intermediaries
3. Electronic Trading Platform: Include when transactions will be conducted through specific trading platforms
4. Margin Lending: Include when agreement covers margin lending facilities
5. Foreign Securities Provisions: Include when agreement covers cross-border lending of non-Indonesian securities
6. Tri-party Arrangements: Include when using tri-party collateral management services
7. Islamic Securities Provisions: Include when agreement covers Sharia-compliant securities lending
1. Schedule 1 - Form of Loan Confirmation: Standard form for confirming individual loan transactions
2. Schedule 2 - Eligible Securities: List of securities eligible for lending under the agreement
3. Schedule 3 - Eligible Collateral: Approved types of collateral and applicable haircuts
4. Schedule 4 - Agency Disclosure: Template for disclosure of underlying principals in agency transactions
5. Schedule 5 - Fee Schedule: Detailed fee structure and calculation methods
6. Schedule 6 - Contact Details: Authorized personnel and contact information for both parties
7. Schedule 7 - Settlement Instructions: Standard settlement and delivery instructions
8. Appendix A - Required Regulatory Notifications: Forms and procedures for regulatory reporting under Indonesian law
9. Appendix B - Collateral Management Procedures: Detailed procedures for handling and managing collateral
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