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Stock Loan Agreement for Malaysia

Stock Loan Agreement Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes the terms and conditions for the temporary lending of securities from one party (the lender) to another (the borrower). The agreement details the obligations of both parties, including collateral requirements, fee structures, and rights to corporate actions, while ensuring compliance with Malaysian securities regulations, particularly the Capital Markets and Services Act 2007 and Securities Commission Malaysia Guidelines. It includes provisions for valuation, margin maintenance, default scenarios, and dispute resolution within the Malaysian legal framework.

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Stock Loan Agreement

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What is a Stock Loan Agreement?

The Stock Loan Agreement serves as the primary legal framework for securities lending transactions in Malaysia, enabling market participants to temporarily transfer securities while maintaining beneficial ownership. This document is essential for various market activities including short selling, settlement coverage, and market making. It must comply with Malaysian regulatory requirements, particularly those set by the Securities Commission Malaysia and Bursa Malaysia. The agreement covers crucial aspects such as loan initiation, collateral management, corporate actions, fee structures, and default procedures. It's typically used by financial institutions, investment firms, and institutional investors engaging in securities lending within the Malaysian market or cross-border transactions involving Malaysian securities.

What sections should be included in a Stock Loan Agreement?

1. Parties: Identification of the lender and borrower, including registration details and addresses

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Definitions of key terms used throughout the agreement

4. Loans of Securities: Core provisions governing the lending and borrowing of securities, including initiation process

5. Term and Termination: Duration of the agreement and circumstances for termination

6. Delivery of Securities: Procedures and timing for delivery of loaned securities

7. Collateral Requirements: Types of acceptable collateral, maintenance margins, and valuation methods

8. Rights and Obligations: Key responsibilities of both parties during the loan period

9. Fees and Payments: Lending fees, payment schedules, and calculation methods

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

11. Tax Provisions: Treatment of taxes, including manufactured dividends and withholding requirements

12. Representations and Warranties: Standard legal assurances from both parties

13. Regulatory Compliance: Compliance with Malaysian securities laws and regulations

14. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes

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

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

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

3. Electronic Trading Platform: Include when transactions will be conducted through specific trading platforms

4. Market Disruption: Provisions for handling market disruption events

5. Set-off Rights: Additional rights of set-off between parties with multiple trading relationships

6. Sharia Compliance: Required for Islamic financial institutions or Sharia-compliant transactions

What schedules should be included in a Stock Loan Agreement?

1. Form of Loan Notice: Template for initiating loan requests

2. Eligible Collateral: Detailed list of acceptable collateral types and haircuts

3. Fee Schedule: Detailed breakdown of fees and calculation methodologies

4. Operating Procedures: Detailed procedures for daily operations and communications

5. Form of Power of Attorney: Standard form for authorizing agents if required

6. Authorized Persons: List of persons authorized to act on behalf of each party

7. Required Documentation: List of supporting documents required under Malaysian regulations

8. Systems and Procedures: Technical specifications for electronic trading and settlement

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 | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions










































Clauses






























Relevant Industries

Banking

Financial Services

Investment Management

Securities Trading

Asset Management

Hedge Funds

Pension Funds

Insurance

Capital Markets

Investment Banking

Relevant Teams

Legal

Compliance

Risk Management

Trading

Operations

Portfolio Management

Collateral Management

Settlement

Client Relations

Investment

Securities Services

Treasury

Documentation

Regulatory Reporting

Relevant Roles

Securities Lending Manager

Legal Counsel

Compliance Officer

Risk Manager

Trading Manager

Operations Manager

Portfolio Manager

Collateral Manager

Settlement Officer

Relationship Manager

Chief Investment Officer

Head of Securities Services

Treasury Manager

Documentation Specialist

Regulatory Reporting Officer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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