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Share Loan Agreement for South Africa

Share Loan Agreement Template for South Africa

A comprehensive legal agreement governed by South African law that facilitates the temporary transfer of shares from a lender to a borrower. The agreement operates within the framework of the Financial Markets Act 19 of 2012 and Companies Act 71 of 2008, detailing the terms and conditions of the share loan, including loan duration, value calculation, voting rights, dividend arrangements, and return conditions. It incorporates necessary provisions for regulatory compliance, risk management, and security arrangements while ensuring alignment with South African securities trading and financial market regulations.

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Share Loan Agreement

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What is a Share Loan Agreement?

The Share Loan Agreement is a specialized financial instrument used in South African financial markets to facilitate the temporary transfer of share ownership between parties. This document is essential when parties wish to engage in securities lending transactions, whether for trading strategies, settlement coverage, or other financial purposes. The agreement must comply with South African legislation, particularly the Financial Markets Act 19 of 2012 and Companies Act 71 of 2008, and includes detailed provisions on share transfer mechanics, voting rights, dividend treatments, and return obligations. It is commonly used by financial institutions, investment firms, and corporate entities engaging in sophisticated financial transactions within the South African market. The Share Loan Agreement contains comprehensive security arrangements, regulatory compliance provisions, and risk management mechanisms to protect all parties' interests while ensuring adherence to local securities trading regulations and market practices.

What sections should be included in a Share Loan Agreement?

1. Parties: Identification of the Lender and Borrower with full legal names and registration/identification numbers

2. Background: Context of the agreement and purpose of the share loan

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Loan of Shares: Core terms of the share loan including number and class of shares, loan period, and transfer mechanics

5. Loan Value and Interest: Details of the loan value calculation and any applicable interest charges

6. Security Arrangements: Description of any security or collateral provided for the share loan

7. Rights and Obligations During Loan Period: Parties' rights and obligations while shares are loaned, including voting rights and dividend arrangements

8. Representations and Warranties: Standard representations and warranties from both parties

9. Return of Shares: Procedures and timing for the return of loaned shares

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

11. Termination: Circumstances and procedures for early termination

12. Notices: Communication procedures between parties

13. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement

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

1. Regulatory Compliance: Additional provisions for compliance with specific regulations, used when parties are regulated entities

2. Tax Provisions: Specific tax-related provisions, used when tax implications need detailed addressing

3. Corporate Actions: Provisions dealing with corporate actions during loan period, used when relevant to the shares being loaned

4. Intermediary Provisions: Used when financial intermediaries are involved in the transaction

5. Foreign Exchange Provisions: Required when the transaction involves cross-border elements or foreign currency

6. Electronic Execution: Provisions for electronic signing and record-keeping, used when parties agree to electronic execution

What schedules should be included in a Share Loan Agreement?

1. Schedule 1 - Share Details: Detailed description of the shares including class, number, and issuing company details

2. Schedule 2 - Loan Value Calculation: Methodology and parameters for calculating the loan value

3. Schedule 3 - Security Details: Details of any security or collateral provided

4. Schedule 4 - Authorized Representatives: List of authorized representatives for each party

5. Schedule 5 - Fee Schedule: Details of any fees, charges, and interest calculations

6. Appendix A - Required Notices and Forms: Standard forms for notices, transfer instructions, and other communications

7. Appendix B - Compliance Documentation: Required regulatory compliance documentation and certificates

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

South Africa

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions








































Clauses






























Relevant Industries

Financial Services

Investment Banking

Asset Management

Securities Trading

Corporate Finance

Private Equity

Wealth Management

Stock Brokerage

Banking

Professional Services

Relevant Teams

Legal

Compliance

Risk Management

Securities Operations

Treasury

Corporate Finance

Investment Management

Financial Control

Corporate Secretariat

Regulatory Affairs

Relevant Roles

Legal Counsel

Corporate Lawyer

Financial Manager

Investment Manager

Compliance Officer

Risk Manager

Securities Trading Manager

Portfolio Manager

Corporate Secretary

Treasury Manager

Chief Financial Officer

Chief Legal Officer

Investment Analyst

Securities Operations Manager

Financial Controller

Industries








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