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Security Lending Agreement

Security Lending Agreement Template for Belgium

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Key Requirements PROMPT example:

Security Lending Agreement

"I need a Security Lending Agreement under Belgian law for a transaction between our pension fund and a major Belgian bank, with specific provisions for handling government bonds as collateral and automated margin calls through our electronic trading platform."

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Document background
The Security Lending Agreement serves as the primary contractual framework for securities lending transactions in Belgium, enabling financial institutions to temporarily transfer securities while maintaining economic benefits of ownership. This document is essential when parties wish to engage in securities lending activities under Belgian jurisdiction, whether for covering short positions, generating additional revenue, or supporting market-making activities. The agreement incorporates requirements from the Belgian Financial Collateral Law, EU regulations such as SFTR and MiFID II, and addresses crucial aspects including collateral arrangements, corporate actions, and default scenarios. It's particularly important for financial institutions operating in Belgium and must comply with both domestic and EU regulatory requirements, including specific provisions for financial collateral arrangements under Belgian law.
Suggested Sections

1. Parties: Identification of the lender and borrower, including their legal status and registered addresses

2. Background: Context of the agreement and general purpose of the securities lending arrangement

3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation

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

5. Transfer of Securities and Collateral: Procedures and requirements for transferring securities and collateral, including timing and delivery methods

6. Collateral Requirements: Specifications for acceptable collateral, margin requirements, and collateral maintenance

7. Income and Corporate Actions: Treatment of dividends, interest, rights issues and other corporate actions affecting loaned securities

8. Fees and Charges: Lending fees, rebate rates, and other charges applicable to the securities lending transactions

9. Tax Provisions: Treatment of taxes, including withholding tax obligations and tax-related indemnities

10. Representations and Warranties: Standard and specific representations and warranties made by each party

11. Events of Default: Definition of events of default and their consequences

12. Close-out and Set-off: Procedures for terminating transactions and calculating settlement amounts following an event of default

13. Notices: Requirements for giving notices under the agreement

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

Optional Sections

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

2. Custody Arrangements: Required when involving third-party custodians for holding securities or collateral

3. Electronic Trading Platform: Required when transactions will be executed through specific trading platforms

4. Market Disruption: Optional provisions dealing with market disruption events

5. Central Counterparty Provisions: Required when transactions will be cleared through a CCP

6. Special Custody Requirements: Required for specific types of securities subject to special custody rules

7. Additional Tax Provisions: Required for cross-border transactions or specific tax scenarios

8. Force Majeure: Optional provisions dealing with extraordinary events beyond parties' control

Suggested Schedules

1. Schedule A - Eligible Securities: List of types of securities that may be borrowed/lent under the agreement

2. Schedule B - Eligible Collateral: Detailed specifications of acceptable forms of collateral

3. Schedule C - Fee Schedule: Detailed breakdown of fees, charges, and calculation methodologies

4. Schedule D - Operating Procedures: Detailed operational procedures for loan initiation, maintenance, and termination

5. Schedule E - Forms of Notices: Standard forms for various notices required under the agreement

6. Schedule F - Margin Percentages: Specification of margin requirements for different types of securities and collateral

7. Appendix 1 - Contact Details: Contact information for authorized representatives of each party

8. Appendix 2 - Tax Documentation: Required tax forms and documentation

9. Appendix 3 - Settlement Instructions: Standard settlement instructions for securities and collateral transfers

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Act of Insolvency
Agency Loan
Applicable Law
Appropriate Market
Approved Bank
Base Currency
Belgian Banking Law
Belgian Financial Law
Borrower
Borrowing Request
Business Day
Cash Collateral
Close of Business
Collateral
Collateral Value
Corporate Action
Default Market Value
Default Notice
Distribution
Dividend
Electronic System
Equivalent Collateral
Equivalent Securities
Event of Default
Exercise Price
Financial Instruments
Income
Income Payment Date
Income Record Date
Lender
Lending Fee
Loan
Loaned Securities
Margin
Margin Call
Margin Percentage
Margin Requirements
Market Value
Mini Close-Out
Net Exposure
Non-Cash Collateral
Notice of Exclusive Control
Notification Time
Posted Collateral
Principal
Purchase Date
Purchase Price
Received Collateral
Reference Price
Regulated Market
Relevant Payment Date
Securities
Securities Financing Transaction
Securities Lending Service
Settlement Date
Standard Settlement Time
Tax
Tax Event
Term
Termination Date
Transaction
Transfer
Transferor
Transferee
Voting Rights
Working Hours
Clauses
Interpretation
Loans of Securities
Delivery of Securities
Collateral Requirements
Margin Maintenance
Income Payments
Corporate Actions
Voting Rights
Transaction Fees
Tax Provisions
Representations and Warranties
Covenants
Events of Default
Close-out and Set-off
Transfer and Assignment
Termination
Force Majeure
Indemnification
Confidentiality
Data Protection
Regulatory Compliance
Anti-Money Laundering
Record Keeping
Electronic Trading
Settlement
Notice Requirements
Governing Law
Dispute Resolution
Severability
Amendment
Entire Agreement
Agency Provisions
Custody Arrangements
Market Disruption
Payment Netting
Risk Disclosure
Counterparty Risk
Reporting Requirements
Default Interest
Set-off Rights
Third Party Rights
Relevant Industries

Financial Services

Banking

Investment Management

Insurance

Securities Trading

Asset Management

Fund Management

Capital Markets

Financial Technology

Professional Services

Relevant Teams

Legal

Compliance

Risk Management

Trading

Operations

Securities Operations

Treasury

Portfolio Management

Collateral Management

Investment

Regulatory Affairs

Transaction Management

Relevant Roles

Chief Investment Officer

Head of Securities Lending

Legal Counsel

Compliance Officer

Risk Manager

Trading Manager

Operations Director

Collateral Manager

Portfolio Manager

Securities Operations Manager

Treasury Manager

Chief Risk Officer

Legal Director

Head of Trading

Investment Director

Regulatory Compliance Manager

Industries
Belgian Financial Collateral Law of 15 December 2004: Key legislation implementing EU Financial Collateral Directive, governing financial collateral arrangements and providing framework for security interests in financial instruments
Belgian Civil Code (particularly Book III, Title III): Provides the fundamental principles of contract law in Belgium, including formation, interpretation, and enforcement of contracts
EU Regulation 2015/2365 (SFTR): Securities Financing Transactions Regulation - provides transparency requirements for securities lending transactions
Belgian Banking Law of 25 April 2014: Regulates banking activities and includes provisions relevant to securities lending when involving credit institutions
Royal Decree of 23 September 2018: Contains specific provisions regarding the lending of financial instruments by certain investment undertakings
Belgian Book XX of the Code of Economic Law: Governs insolvency proceedings and contains important provisions regarding the treatment of securities lending arrangements in case of bankruptcy
MiFID II/MiFIR as implemented in Belgian law: Provides framework for financial instruments trading and related services, including reporting and transparency requirements
EU Market Abuse Regulation (MAR): Addresses insider dealing and market manipulation, which must be considered in securities lending arrangements
Belgian Anti-Money Laundering Law of 18 September 2017: Contains provisions regarding AML requirements in financial transactions, including securities lending
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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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