The Security Lending Agreement is utilized when financial institutions wish to establish a framework for securities lending transactions under Maltese jurisdiction. It's particularly relevant for entities operating within the EU financial markets who require a robust legal framework compliant with both Maltese law and EU regulations. The agreement details the mechanics of securities lending, including loan initiation, collateral management, corporate actions, income payments, and default handling. It's designed to meet requirements under the Malta Financial Services Authority (MFSA) guidelines, EU Securities Financing Transactions Regulation (SFTR), and other relevant regulatory frameworks. This document is essential for financial institutions engaging in securities lending activities through Malta's financial services sector, providing legal certainty and regulatory compliance.
Security Lending Agreement for Malta
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Key Requirements PROMPT example:
Security Lending Agreement
"I need a Security Lending Agreement governed by Maltese law for a situation where our investment bank will be lending securities to multiple pension funds, with both cash and non-cash collateral options, to be implemented by March 2025."
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1. Parties: Identification of the lender and borrower, including their regulatory status and capacity
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Comprehensive definitions of terms used throughout the agreement
4. Loans of Securities: Core provisions governing the lending and borrowing of securities
5. Delivery of Securities: Procedures and timing for delivery of borrowed securities
6. Collateral Requirements: Specifications for collateral posting, maintenance, and margin requirements
7. Income and Corporate Actions: Treatment of dividends, interest, and corporate actions affecting borrowed securities
8. Rates and Fees: Lending fees, rebate rates, and other applicable charges
9. Tax: Tax obligations, withholding requirements, and indemnities
10. Events of Default: Definition of default events and consequences
11. Set-off and Close-out: Rights and procedures for set-off and termination
12. Representations and Warranties: Standard representations by both parties
13. Covenants: Ongoing obligations of the parties
14. Indemnification: Indemnity provisions and allocation of losses
15. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
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. Electronic Trading: Required when transactions will be executed through electronic platforms
4. Non-Cash Collateral: Required when securities or other non-cash assets will be used as collateral
5. Central Counterparty Provisions: Required when transactions will be cleared through a CCP
6. Force Majeure: Optional provisions for extraordinary events affecting performance
7. Data Protection: Required when personal data will be processed under GDPR
1. Schedule A - Eligible Securities: List of securities eligible for lending under the agreement
2. Schedule B - Eligible Collateral: Acceptable forms of collateral and applicable haircuts
3. Schedule C - Fee Schedule: Detailed breakdown of fees and charges
4. Schedule D - Operating Procedures: Detailed operational procedures and contact information
5. Schedule E - Tax Documentation: Required tax forms and documentation
6. Schedule F - Form of Loan Confirmation: Standard form for confirming individual loans
7. Appendix 1 - Standard Settlement Instructions: Settlement and payment instructions for both parties
8. Appendix 2 - Forms of Notice: Standard forms for various notices under the agreement
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Investment Management
Securities Trading
Asset Management
Insurance
Pension Fund Management
Capital Markets
Fund Administration
Wealth Management
Relevant Teams
Legal
Compliance
Securities Operations
Trading
Risk Management
Portfolio Management
Collateral Management
Treasury
Documentation
Regulatory Reporting
Middle Office
Back Office
Securities Finance
Investment Operations
Relevant Roles
Legal Counsel
Compliance Officer
Securities Operations Manager
Trading Manager
Risk Manager
Portfolio Manager
Collateral Manager
Securities Lending Trader
Documentation Specialist
Treasury Manager
Fund Manager
Operations Director
Chief Investment Officer
Head of Securities Finance
Regulatory Reporting Officer
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