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Short Sale Agreement

Short Sale Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

Short Sale Agreement

"I need a Short Sale Agreement for our Saudi investment firm to facilitate short selling of listed equities on Tadawul, with specific provisions for institutional clients and enhanced Shariah compliance requirements for implementation by March 2025."

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Document background
The Short Sale Agreement is essential for facilitating regulated short selling activities in the Saudi Arabian securities market. This document is used when an investor wishes to borrow securities for the purpose of short selling, typically in anticipation of a price decline. The agreement must comply with the Capital Market Authority's regulations and Shariah principles, making it unique to the Saudi Arabian context. It includes comprehensive details about the borrowed securities, margin requirements, fees, settlement procedures, and risk management protocols. The document is particularly important given the specialized nature of short selling in Islamic finance and the need to ensure all transactions conform to both regulatory requirements and religious principles. It's commonly used by financial institutions, investment firms, and market makers operating in the Saudi Arabian market.
Suggested Sections

1. Parties: Identification of the lender (securities owner), borrower, and any intermediary brokers

2. Background: Context of the agreement and brief explanation of the short sale transaction

3. Definitions: Key terms used throughout the agreement, including technical trading terms and Shariah-compliant concepts

4. Securities Subject to Short Sale: Detailed description of the securities being borrowed and sold, including quantity and specifications

5. Terms and Conditions: Core transaction terms including loan period, fees, and collateral requirements

6. Margin Requirements: Specifications for initial and maintenance margin requirements as per CMA regulations

7. Settlement Procedures: Process and timeline for settling the short sale transaction

8. Representations and Warranties: Statements of fact and guarantees from both parties, including Shariah compliance declarations

9. Risk Disclosure: Mandatory risk warnings and acknowledgments

10. Default and Remedies: Events of default and corresponding remedial actions

11. Termination: Conditions and procedures for early termination

12. Governing Law and Jurisdiction: Specification of Saudi law and relevant jurisdiction

Optional Sections

1. Broker Obligations: Include when a broker is involved as an intermediary in the transaction

2. Islamic Finance Compliance: Detailed section on Shariah compliance when required by institutional investors or regulatory requirements

3. Market Making Provisions: Include when the short sale is part of market making activities

4. Cross-Border Provisions: Include when either party is based outside Saudi Arabia

5. Price Determination: Include when specific pricing mechanisms need to be detailed

6. Reporting Requirements: Include when additional reporting to regulators or other parties is required

Suggested Schedules

1. Schedule 1 - Securities Details: Detailed specifications of the securities including ISIN, ticker symbols, and quantity

2. Schedule 2 - Fee Schedule: Breakdown of all applicable fees, charges, and commission rates

3. Schedule 3 - Settlement Instructions: Detailed settlement and payment procedures

4. Schedule 4 - Required Disclosures: Standard risk disclosures and regulatory warnings as required by CMA

5. Schedule 5 - Margin Calculations: Detailed methodology for calculating and maintaining margin requirements

6. Appendix A - Shariah Compliance Certificate: Documentation of Shariah board approval and compliance declarations

7. Appendix B - Forms and Notices: Standard forms for margin calls, termination notices, and other communications

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

alex.den.21@genieai.co
Relevant legal definitions










































Clauses






























Relevant Industries

Financial Services

Investment Banking

Securities Trading

Asset Management

Islamic Finance

Capital Markets

Wealth Management

Banking

Relevant Teams

Legal

Compliance

Trading

Risk Management

Operations

Settlement

Islamic Finance

Investment Management

Securities Lending

Middle Office

Relevant Roles

Trading Manager

Compliance Officer

Legal Counsel

Risk Manager

Investment Officer

Securities Lending Manager

Shariah Compliance Manager

Portfolio Manager

Operations Director

Chief Investment Officer

Broker-Dealer Representative

Settlement 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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