The Share Lending Agreement serves as a critical document in UAE financial markets, facilitating securities lending transactions while ensuring compliance with local regulations and market practices. This agreement is typically used when financial institutions need to borrow shares for various purposes, including short selling, settlement coverage, or market making activities. The document encompasses detailed provisions for the transfer of securities, collateral arrangements, fee structures, and risk management procedures, all within the framework of UAE securities laws and regulations. As a Share Lending Agreement under UAE jurisdiction, it incorporates specific requirements from the Securities and Commodities Authority (SCA) and other relevant regulatory bodies, making it suitable for both domestic and international financial institutions operating in the UAE markets.
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1. Parties: Identification of the lender and borrower, including full legal names and registration details
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Loan of Securities: Core terms governing the lending of shares, including scope and purpose
5. Delivery and Return: Procedures and timing for delivery and return of borrowed securities
6. Collateral Requirements: Terms relating to collateral posting, maintenance, and return
7. Fees and Payments: Lending fees, payment terms, and other financial considerations
8. Rights and Obligations: Detailed responsibilities of both lender and borrower
9. Representations and Warranties: Standard legal assurances from both parties
10. Events of Default: Circumstances constituting default and consequences
11. Termination: Conditions and procedures for ending the agreement
12. Regulatory Compliance: Compliance with UAE securities laws and regulations
13. Notices: Communication procedures between parties
14. Governing Law and Jurisdiction: Specification of UAE law and jurisdiction
15. General Provisions: Standard boilerplate clauses including amendments, assignment, and severability
1. Cross-Border Provisions: Additional terms for international lending arrangements
2. Islamic Finance Compliance: Specific provisions ensuring Shariah compliance if required
3. Corporate Actions: Handling of dividends, rights issues, and other corporate events
4. Tax Provisions: Specific tax handling and gross-up provisions
5. Market Disruption: Procedures for handling market disruption events
6. Agent Provisions: Terms relating to lending agents if applicable
7. Electronic Trading Platform: Provisions for electronic trading and settlement systems
8. Sanctions and Anti-Money Laundering: Additional compliance requirements for international transactions
1. Schedule 1 - Form of Loan Notice: Standard form for initiating loan transactions
2. Schedule 2 - Eligible Collateral: List and specifications of acceptable collateral
3. Schedule 3 - Fees Schedule: Detailed breakdown of all applicable fees
4. Schedule 4 - Operating Procedures: Detailed operational procedures for loans and returns
5. Schedule 5 - Form of Power of Attorney: Standard form for execution of rights
6. Schedule 6 - Contact Details: List of authorized personnel and contact information
7. Appendix A - Regulatory Disclosures: Required disclosures under UAE securities laws
8. Appendix B - Tax Documentation: Required tax forms and documentation
Relevant legal definitions
Acceleration Event
Acceptable Collateral
Affiliate
Agency Agreement
Applicable Law
Approved Market
Authorised Representative
Available Securities
Banking Day
Borrowed Securities
Borrowing Request
Business Day
Clearing House
Collateral
Collateral Margin
Collateral Value
Corporate Action
Default Interest Rate
Default Notice
Delivery Date
Distribution
Early Termination Date
Eligible Securities
Enforcement Event
Equivalent Collateral
Equivalent Securities
Event of Default
Exchange Rate
Financial Instrument
Income
Interest Period
Lending Fee
Loan
Loan Date
Margin Call
Market Value
Notification Time
Operating Procedures
Prescribed Security
Proper Instructions
Record Date
Regulatory Authority
Rehypothecation Rights
Relevant Exchange
Return Date
Securities Account
Securities Lending Transaction
Settlement Date
Settlement System
SCA
Transfer System
UAE Central Bank
Valuation Date
Valuation Percentage
Voting Rights
Acceptable Collateral
Affiliate
Agency Agreement
Applicable Law
Approved Market
Authorised Representative
Available Securities
Banking Day
Borrowed Securities
Borrowing Request
Business Day
Clearing House
Collateral
Collateral Margin
Collateral Value
Corporate Action
Default Interest Rate
Default Notice
Delivery Date
Distribution
Early Termination Date
Eligible Securities
Enforcement Event
Equivalent Collateral
Equivalent Securities
Event of Default
Exchange Rate
Financial Instrument
Income
Interest Period
Lending Fee
Loan
Loan Date
Margin Call
Market Value
Notification Time
Operating Procedures
Prescribed Security
Proper Instructions
Record Date
Regulatory Authority
Rehypothecation Rights
Relevant Exchange
Return Date
Securities Account
Securities Lending Transaction
Settlement Date
Settlement System
SCA
Transfer System
UAE Central Bank
Valuation Date
Valuation Percentage
Voting Rights
Clauses
Share Lending
Collateral
Delivery and Settlement
Fees and Payments
Representations and Warranties
Events of Default
Termination
Corporate Actions
Income and Distributions
Voting Rights
Tax Matters
Market Disruption
Force Majeure
Regulatory Compliance
Confidentiality
Assignment and Transfer
Notices
Amendment
Entire Agreement
Severability
Counterparts
Indemnification
Dispute Resolution
Governing Law
Jurisdiction
Electronic Trading
Record Keeping
Risk Disclosure
Agency Provisions
Set-off Rights
Further Assurance
Time of Essence
Waiver
Third Party Rights
Collateral
Delivery and Settlement
Fees and Payments
Representations and Warranties
Events of Default
Termination
Corporate Actions
Income and Distributions
Voting Rights
Tax Matters
Market Disruption
Force Majeure
Regulatory Compliance
Confidentiality
Assignment and Transfer
Notices
Amendment
Entire Agreement
Severability
Counterparts
Indemnification
Dispute Resolution
Governing Law
Jurisdiction
Electronic Trading
Record Keeping
Risk Disclosure
Agency Provisions
Set-off Rights
Further Assurance
Time of Essence
Waiver
Third Party Rights
Relevant Industries
Banking
Financial Services
Investment Management
Securities Trading
Asset Management
Hedge Funds
Private Equity
Investment Banking
Corporate Finance
Capital Markets
Relevant Teams
Legal
Compliance
Securities Operations
Risk Management
Trading Operations
Portfolio Management
Treasury
Securities Services
Collateral Management
Financial Control
Investment
Corporate Finance
Relevant Roles
Legal Counsel
Compliance Officer
Securities Trading Manager
Risk Manager
Operations Director
Portfolio Manager
Treasury Manager
Securities Lending Specialist
Collateral Manager
Trading Operations Manager
Chief Legal Officer
Head of Securities Services
Financial Controller
Investment Director
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