The Master Securities Loan Agreement (MSLA) is essential for financial institutions engaging in securities lending transactions in Malaysia. It provides a standardized framework compliant with Malaysian regulations, particularly the Capital Markets and Services Act 2007 and Securities Commission requirements. The agreement is used when parties wish to establish an ongoing relationship for securities lending transactions, covering multiple individual loans under a single master agreement. It includes detailed provisions for collateral management, margin maintenance, default scenarios, and operational procedures. The document incorporates both international best practices and specific requirements of the Malaysian securities market, making it suitable for both domestic and cross-border transactions involving Malaysian financial institutions.
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1. Parties: Identification of the lender and borrower, including registration details and regulatory status
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 requirements for delivering securities between parties
6. Collateral: Requirements and procedures for posting and maintaining collateral
7. Margins: Margin maintenance requirements and procedures
8. Redelivery of Securities: Terms and conditions for returning borrowed securities
9. Set-off: Rights and procedures for setting off obligations between parties
10. Taxation: Treatment of taxes, including Malaysian withholding tax requirements
11. Events of Default: Definition of default events and consequences
12. Termination: Procedures and consequences of termination
13. Representations and Warranties: Standard and regulatory-specific representations
14. Covenants: Ongoing obligations of the parties
15. Indemnity and Limitation of Liability: Scope of indemnification and liability limitations
16. Notices: Communication procedures between parties
17. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction provisions
1. Agency Trading: Include when either party may act as agent for third parties
2. Custody Arrangements: Include when specific custody arrangements need to be detailed
3. Electronic Trading Platform: Include when transactions will be conducted through electronic platforms
4. Sharia Compliance: Include for Islamic finance compliant transactions
5. Force Majeure: Include when specific force majeure provisions are required beyond standard market disruption
6. Multi-branch Provisions: Include when parties operate through multiple branches
7. Data Protection: Include when handling personal data under Malaysian Personal Data Protection Act
1. Schedule A - Eligible Securities: List of securities eligible for lending under the agreement
2. Schedule B - Agency Terms: Detailed terms for agency transactions if applicable
3. Schedule C - Collateral Parameters: Acceptable collateral types and haircuts
4. Schedule D - Margin Percentages: Specific margin requirements for different security types
5. Schedule E - Contact Details: Operational and administrative contacts for both parties
6. Schedule F - Electronic Systems: Terms for using electronic trading and settlement systems
7. Schedule G - Supplemental Terms: Additional terms specific to Malaysian regulatory requirements
8. Appendix 1 - Form of Loan Confirmation: Standard form for confirming individual loans
9. Appendix 2 - Tax Documentation: Required Malaysian tax forms and documentation
10. Appendix 3 - Standard Settlement Instructions: Payment and settlement instructions for both parties
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Investment Management
Securities Trading
Asset Management
Insurance
Pension Fund Management
Capital Markets
Investment Banking
Wealth Management
Relevant Teams
Legal
Compliance
Risk Management
Securities Trading
Operations
Settlement
Treasury
Investment Management
Collateral Management
Documentation
Trading Operations
Regulatory Affairs
Relevant Roles
Legal Counsel
Securities Trading Manager
Compliance Officer
Risk Manager
Operations Manager
Portfolio Manager
Securities Lending Trader
Collateral Manager
Settlement Officer
Treasury Manager
Investment Director
Chief Investment Officer
Head of Trading
Legal Director
Regulatory Compliance Manager
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