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Stock Lending Agreement Template for Ireland

A comprehensive legal agreement governed by Irish law that establishes the terms and conditions under which one party (the lender) temporarily transfers securities to another party (the borrower) in exchange for collateral. The agreement complies with Irish financial regulations and EU requirements, covering aspects such as transfer mechanics, collateral requirements, corporate actions, rights and obligations of parties, default scenarios, and termination procedures. It incorporates specific provisions required under Irish financial services legislation and Central Bank of Ireland guidelines, while also addressing EU-wide requirements such as SFTR and MiFID II.

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What is a Stock Lending Agreement?

The Stock Lending Agreement serves as the primary legal framework for securities lending transactions in the Irish market, enabling financial institutions to efficiently manage their securities portfolios while maintaining regulatory compliance. This document is essential when parties wish to enter into securities lending arrangements under Irish law, providing comprehensive coverage of lending terms, collateral management, rights and obligations, and regulatory requirements. The agreement incorporates specific provisions required by Irish financial services legislation, Central Bank of Ireland guidelines, and relevant EU regulations such as SFTR and MiFID II. It's particularly crucial for financial institutions engaged in securities financing transactions, providing necessary legal certainty and risk management frameworks while ensuring compliance with both domestic and EU regulatory requirements.

What sections should be included in a Stock Lending Agreement?

1. Parties: Identification of the lender and borrower, including regulatory status and capacity

2. Background: Context of the agreement and general purpose of the stock lending arrangement

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Loans of Securities: Core provisions governing the lending and borrowing of securities

5. Transfer of Securities and Collateral: Mechanics and timing of securities and collateral transfers

6. Collateral Requirements: Types of acceptable collateral, margins, and maintenance requirements

7. Rights and Obligations: Ongoing rights and obligations of both parties during the loan period

8. Income and Corporate Actions: Treatment of dividends, voting rights, and corporate actions

9. Tax Provisions: Tax obligations, withholding requirements, and manufactured payments

10. Events of Default: Definition of default events and consequences

11. Close-out and Set-off: Procedures for termination and settlement of obligations

12. Representations and Warranties: Standard and specific representations by both parties

13. Indemnities: Indemnification obligations of both parties

14. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

What sections are optional to include in a Stock Lending Agreement?

1. Agency Provisions: Required when either party acts as agent for underlying principals

2. Custody Arrangements: Needed when involving third-party custodians

3. Electronic Trading Platform: Required when transactions will be executed through specific trading platforms

4. Regulatory Reporting: Additional provisions for entities subject to specific reporting requirements

5. Non-Cash Collateral Arrangements: Required when allowing for securities or other non-cash collateral

6. Multiple Currency Provisions: Needed for cross-border arrangements involving multiple currencies

7. Buy-in Procedures: Optional provisions for forced buy-in procedures

8. Market Making Activities: Special provisions for market makers

What schedules should be included in a Stock Lending Agreement?

1. Schedule 1 - Eligible Securities: List of securities eligible for lending under the agreement

2. Schedule 2 - Eligible Collateral: Types and specifications of acceptable collateral

3. Schedule 3 - Margin Requirements: Detailed margin percentages and calculations

4. Schedule 4 - Standard Settlement Instructions: Account details and settlement procedures

5. Schedule 5 - Agency Terms: Detailed terms applicable to agency arrangements

6. Schedule 6 - Communications and Notices: Contact details and communication procedures

7. Schedule 7 - Fee Schedule: Lending fees, minimum fees, and payment terms

8. Appendix A - Form of Loan Confirmation: Standard form for confirming individual loan transactions

9. Appendix B - Required Documents: List of required documentation from each party

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Ireland

Document Type

Security Agreement

Cost

Free to use

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