Share Lending Agreement Template for Belgium

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Key Requirements PROMPT example:

Share Lending Agreement

"I need a Share Lending Agreement under Belgian law between our pension fund and a major Belgian bank, with specific provisions for ESG-compliant securities only and enhanced collateral requirements of 105% of market value."

Document background
A Share Lending Agreement is a critical financial instrument used to facilitate various market activities, including short selling, settlement coverage, and market making. This agreement, governed by Belgian law and EU regulations, provides a legally robust framework for temporary transfer of shares between institutional parties. It includes detailed provisions for collateral management, corporate actions, regulatory compliance, and operational procedures. The document is particularly important in the Belgian market context, where it must comply with both local financial regulations and broader EU requirements such as SFTR and MAR. The agreement is typically used by financial institutions, investment firms, and institutional investors engaging in securities financing transactions, and includes comprehensive risk management and regulatory reporting provisions.
Suggested Sections

1. Parties: Identification of the lender and borrower, including full legal names, registration details, and addresses

2. Background: Context of the agreement and brief description of the parties' intentions

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

4. Loan of Securities: Core provisions regarding the lending of shares, including scope and basic terms

5. Delivery and Return: Procedures and timing for the delivery and return of borrowed securities

6. Collateral Requirements: Details of required collateral, including type, amount, and maintenance requirements

7. Fee Structure: Lending fees, payment terms, and calculation methods

8. Rights and Obligations: Detailed responsibilities of both parties during the lending period

9. Corporate Actions: Handling of dividends, rights issues, and other corporate actions

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

11. Events of Default: Circumstances constituting default and resulting consequences

12. Termination: Conditions and procedures for terminating the agreement

13. Tax Provisions: Treatment of taxes and manufactured dividends

14. Regulatory Compliance: Obligations regarding regulatory requirements and reporting

15. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction provisions

Optional Sections

1. Market Disruption: Provisions dealing with market disruption events - include if lending involves volatile or less liquid securities

2. Voting Rights: Specific arrangements for voting rights during lending period - include if voting rights are important to either party

3. Central Counterparty Provisions: Additional provisions when using a central counterparty - include if transactions will be cleared through a CCP

4. Agency Provisions: Additional provisions for agency lending - include if either party acts as an agent

5. Custody Arrangements: Specific provisions regarding custody of securities and collateral - include if using third-party custodian

6. Electronic Trading Platform: Provisions for using electronic trading platforms - include if transactions will be executed electronically

7. Buy-in Procedures: Detailed procedures for buy-in rights - include for higher-risk counterparties or securities

Suggested Schedules

1. Schedule 1 - Eligible Securities: List of securities eligible for lending under the agreement

2. Schedule 2 - Eligible Collateral: Types of acceptable collateral and related haircuts

3. Schedule 3 - Fee Schedule: Detailed fee calculations and rates

4. Schedule 4 - Operating Procedures: Detailed operational procedures including settlement instructions

5. Schedule 5 - Form of Loan Confirmation: Template for confirming individual loan transactions

6. Schedule 6 - Contact Details: Contact information for notices and operational matters

7. Appendix A - Standard Settlement Instructions: Detailed settlement instructions for both parties

8. Appendix B - Reporting Requirements: Templates and procedures for regulatory and operational reporting

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

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Banking

Investment Management

Insurance

Pension Fund Management

Asset Management

Securities Trading

Hedge Funds

Private Equity

Corporate Finance

Relevant Teams

Legal

Compliance

Risk Management

Trading

Operations

Securities Finance

Portfolio Management

Treasury

Settlement

Regulatory Reporting

Collateral Management

Investment

Corporate Actions

Relevant Roles

Securities Lending Trader

Legal Counsel

Compliance Officer

Risk Manager

Operations Manager

Portfolio Manager

Collateral Manager

Settlement Officer

Trading Desk Manager

Chief Investment Officer

Head of Securities Finance

Regulatory Reporting Officer

Treasury Manager

Investment Director

Senior Legal Counsel

Industries
Belgian Companies and Associations Code (BCAC): The primary corporate law framework in Belgium that governs corporate entities and share-related matters, including transfer and ownership of shares
EU Securities Financing Transactions Regulation (SFTR): European regulation that increases transparency of securities financing transactions including share lending, requiring detailed reporting of such transactions
Belgian Financial Law of 2 August 2002: Main Belgian financial markets legislation that governs financial instruments and market operations, including provisions relevant to securities lending
Belgian Royal Decree of 23 September 2018: Implements various EU regulations into Belgian law and contains specific provisions regarding securities lending operations
EU Short Selling Regulation (SSR): Regulation on short selling and certain aspects of credit default swaps, which is relevant as share lending can be used to facilitate short selling
Belgian Income Tax Code: Contains provisions on the tax treatment of share lending transactions and related income or capital gains
EU Market Abuse Regulation (MAR): Establishes framework to prevent market abuse and insider trading, which must be considered in share lending arrangements
Belgian Royal Decree of 14 November 1995: Specific regulations regarding lending of financial instruments, including shares, and related collateral requirements
EU Financial Collateral Directive (as implemented in Belgian law): Regulates collateral arrangements in financial transactions, including share lending agreements
Belgian Anti-Money Laundering Law: Requirements for due diligence and transaction monitoring that may apply to share lending arrangements
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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