The Securities Lending Agreement serves as the primary contractual framework for institutions engaging in securities lending transactions within Malta's jurisdiction. This document is essential for financial institutions seeking to participate in the securities lending market while ensuring compliance with Malta's robust financial services regulatory regime and relevant EU regulations. The agreement covers crucial aspects including loan initiation, collateral management, corporate actions, default handling, and regulatory reporting requirements. It incorporates specific provisions required under Maltese law while maintaining compatibility with international market standards. The document is particularly important given Malta's position as a financial services hub and its obligation to implement both domestic and EU-wide financial regulations.
Securities Lending Agreement for Malta
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Key Requirements PROMPT example:
Securities Lending Agreement
"I need a Securities Lending Agreement under Maltese law for a bilateral arrangement between our bank and a pension fund, with standard collateral requirements and basic corporate actions provisions, to be effective from March 1, 2025."
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1. Parties: Identification of the lender and borrower, including their legal status and registered addresses
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and interpretation rules
4. Loans of Securities: Core provisions governing the lending and borrowing of securities, including loan procedures and terms
5. Delivery and Return: Procedures and requirements for delivering securities at loan commencement and return at termination
6. Collateral Requirements: Specifications for acceptable collateral, margin requirements, and collateral maintenance
7. Income and Corporate Actions: Treatment of dividends, interest, rights issues, and other corporate actions
8. Rates and Fees: Lending fees, rebate rates, and other applicable charges
9. Tax Matters: Treatment of withholding tax, tax credits, and related obligations
10. Events of Default: Definition of default events and consequences
11. Set-off and Close-out: Rights and procedures for set-off and close-out of transactions
12. Representations and Warranties: Standard representations and warranties from both parties
13. Covenants: Ongoing obligations of the parties
14. Indemnification: Indemnification obligations and limitations
15. Governing Law and Jurisdiction: Choice of Maltese law and jurisdiction provisions
16. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Agency Provisions: Required when either party acts as agent for underlying principals
2. Tri-Party Arrangements: Required when using a tri-party collateral agent
3. Central Counterparty Provisions: Required when transactions are cleared through a CCP
4. Electronic Trading Platform: Required when using specific trading platforms or systems
5. Cross-Border Provisions: Additional provisions for cross-border transactions
6. Market Making Activities: Special provisions for market makers
7. Regulatory Reporting: Specific reporting obligations beyond standard requirements
8. Custody Arrangements: Special provisions when using third-party custodians
1. Schedule 1 - Eligible Securities: List of securities eligible for lending under the agreement
2. Schedule 2 - Eligible Collateral: Types of acceptable collateral and associated haircuts
3. Schedule 3 - Fee Schedule: Detailed fee structure and calculation methodologies
4. Schedule 4 - Operating Procedures: Detailed operational procedures including cut-off times and delivery instructions
5. Schedule 5 - Forms and Notices: Standard forms for borrowing requests, recalls, and other notices
6. Schedule 6 - Contact Details: Contact information for key personnel and departments
7. Appendix A - Tax Documentation: Required tax forms and documentation
8. Appendix B - Regulatory Disclosures: Required regulatory disclosures and compliance information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Investment Management
Asset Management
Securities Trading
Hedge Funds
Insurance
Pension Funds
Investment Banking
Financial Services
Wealth Management
Relevant Teams
Legal
Compliance
Securities Operations
Trading
Risk Management
Portfolio Management
Securities Lending
Collateral Management
Regulatory Reporting
Settlement
Client Relations
Credit Risk
Corporate Actions
Fund Administration
Operations
Relevant Roles
Legal Counsel
Compliance Officer
Securities Operations Manager
Trading Desk Manager
Risk Manager
Portfolio Manager
Securities Lending Trader
Collateral Manager
Regulatory Reporting Officer
Settlement Officer
Relationship Manager
Credit Risk Analyst
Corporate Actions Specialist
Fund Manager
Operations Director
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