The Stock Borrowing Agreement is a fundamental document used in the Irish financial markets to facilitate securities lending transactions between financial institutions. It is essential when one party needs to borrow securities from another, typically for purposes such as settlement coverage, short selling, or market making activities. The agreement, governed by Irish law and compliant with EU regulations, comprehensively addresses crucial aspects including loan initiation, collateral requirements, corporate actions, and default scenarios. It incorporates specific provisions required under Irish financial services legislation and Central Bank regulations, while also aligning with international market practices. This document is particularly important in the context of Ireland's position as a significant financial services center and its role in European financial markets.
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1. Parties: Identifies and defines the lender and borrower, including their registered addresses and company details
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Loans of Securities: Details the core mechanisms for borrowing securities, including initiation process and confirmation requirements
5. Delivery and Return: Specifies the procedures for delivering borrowed securities and returning them
6. Collateral: Outlines collateral requirements, acceptable forms, and maintenance obligations
7. Margin Maintenance: Details the process for calculating and maintaining margin requirements
8. Income Payments and Corporate Actions: Addresses manufactured dividends and other corporate action events
9. Tax: Covers tax obligations, withholding requirements, and gross-up provisions
10. Events of Default: Lists circumstances constituting default and consequences
11. Close-out and Set-off: Describes procedures for terminating loans and settling obligations
12. Representations and Warranties: Contains standard and specific representations by both parties
13. Indemnities: Sets out mutual indemnification obligations
14. Governing Law and Jurisdiction: Specifies Irish law as governing law and establishes jurisdiction for disputes
1. Agency Provisions: Include when either party acts as agent for underlying principals
2. Intermediary Provisions: Required when transactions involve custodians or other intermediaries
3. Electronic Trading Platform: Include when transactions will be executed through specific trading platforms
4. Securities Lending Market Practice: Reference to market practice when parties agree to follow specific market conventions
5. Non-Standard Settlement: Include for transactions with non-standard settlement arrangements
6. Additional Tax Provisions: Include for cross-border transactions or specific tax structures
1. Form of Loan Confirmation: Template for confirming individual loan transactions
2. Eligible Securities: List of securities eligible for borrowing under the agreement
3. Eligible Collateral: Specified forms of acceptable collateral and applicable haircuts
4. Agency Annex: Detailed provisions for agency relationships if applicable
5. Fee Schedule: Details of borrowing fees, minimum fees, and calculation methods
6. Contact Details: List of authorized personnel and contact information for notices
7. Settlement Instructions: Standard settlement and payment instructions for both parties
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Investment Management
Securities Trading
Asset Management
Insurance
Capital Markets
Fund Management
Wealth Management
Financial Technology
Relevant Teams
Legal
Securities Lending
Collateral Management
Risk Management
Compliance
Operations
Trading
Settlement
Credit Risk
Documentation
Regulatory Reporting
Client Services
Product Development
Treasury
Relevant Roles
Legal Counsel
Securities Lending Trader
Collateral Manager
Risk Manager
Compliance Officer
Operations Manager
Portfolio Manager
Trading Desk Manager
Settlement Officer
Credit Risk Analyst
Legal Documentation Specialist
Regulatory Reporting Officer
Client Service Manager
Product Manager - Securities Finance
Treasury Manager
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