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Short Sale Contract
"I need a Short Sale Contract for a Saudi-based investment firm planning to engage in short selling of listed securities on Tadawul, with specific provisions for Shariah compliance and enhanced risk management procedures for high-value transactions."
1. Parties: Identification of the seller, borrower, broker, and any other relevant parties to the short sale contract
2. Background: Context of the agreement and statement of the parties' intention to enter into a short sale transaction
3. Definitions: Key terms used throughout the agreement, including technical and regulatory terminology
4. Securities Subject to Short Sale: Detailed description of the securities to be sold short, including quantity, type, and identification numbers
5. Borrowing Arrangements: Terms and conditions for borrowing the securities, including lending fees and duration
6. Short Sale Execution: Procedures and requirements for executing the short sale transaction
7. Margin Requirements: Details of initial and maintenance margin requirements as per CMA regulations
8. Settlement Procedures: Process and timeline for settling the short sale transaction
9. Fees and Commissions: Breakdown of all applicable fees, commissions, and charges
10. Risk Disclosure: Mandatory risk warnings and acknowledgments
11. Representations and Warranties: Declarations by all parties regarding their capacity, authority, and compliance with regulations
12. Default and Remedies: Consequences and procedures in case of default by any party
13. Governing Law and Jurisdiction: Confirmation of Saudi law application and dispute resolution procedures
1. Shariah Compliance Declaration: Additional section for explicitly stating compliance with Islamic finance principles, required when dealing with Islamic financial institutions
2. Custodian Arrangements: Required when a third-party custodian is involved in holding the securities
3. Market Maker Provisions: Specific provisions when one party is acting as a market maker
4. Cross-Border Provisions: Required when the transaction involves international parties or securities
5. Enhanced Risk Management: Additional risk management provisions for high-value or complex transactions
1. Schedule 1: Securities Details: Detailed specification of the securities including ISIN, trading code, and market information
2. Schedule 2: Fee Schedule: Comprehensive breakdown of all fees, charges, and commission rates
3. Schedule 3: Settlement Instructions: Detailed settlement and payment instructions including account details
4. Schedule 4: Risk Disclosure Statement: Detailed risk warnings and acknowledgments as required by CMA
5. Appendix A: Required Documentation: List of supporting documents required from each party
6. Appendix B: Compliance Checklist: Regulatory compliance requirements and verification checklist
Authors
Financial Services
Investment Banking
Securities Trading
Asset Management
Islamic Finance
Banking
Capital Markets
Professional Services
Brokerage Services
Legal
Compliance
Trading
Risk Management
Operations
Settlement
Islamic Finance Advisory
Investment Management
Regulatory Affairs
Middle Office
Back Office
Securities Services
Custody Operations
Trading Manager
Compliance Officer
Legal Counsel
Risk Manager
Securities Lending Officer
Investment Manager
Operations Manager
Settlement Officer
Islamic Finance Advisor
Portfolio Manager
Chief Investment Officer
Regulatory Affairs Director
Trading Desk Supervisor
Custody Operations Manager
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