This Stock Lending Agreement is designed for use in securities lending transactions under Danish law, primarily between financial institutions such as banks, investment funds, pension funds, and broker-dealers. The agreement is essential for parties engaging in securities lending activities in the Danish market, providing a comprehensive framework that addresses all aspects of the lending relationship, from loan initiation to termination. It incorporates specific requirements under Danish financial regulations, including the Danish Capital Markets Act and Securities Trading Act, while ensuring compliance with broader EU regulatory requirements. The document includes detailed provisions for collateral management, corporate actions, default scenarios, and operational procedures, making it suitable for both domestic and cross-border lending activities involving Danish market participants.
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Key Requirements PROMPT example:
Stock Lending Agreement
I need a Stock Lending Agreement under Danish law for a pension fund lending Danish equities to multiple international borrowers, with specific provisions for non-cash collateral and enhanced reporting requirements to be implemented by March 2025.
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 stock lending arrangement
3. Definitions and Interpretation: Definitions of key 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: Mechanisms and requirements for the transfer of securities between parties
6. Collateral Requirements: Obligations regarding posting and maintaining collateral, including margin requirements
7. Corporate Actions: Treatment of dividends, rights issues, and other corporate events affecting borrowed securities
8. Fees and Payments: Lending fees, payment mechanisms, and treatment of manufactured dividends
9. Tax Provisions: Treatment of tax obligations and withholding requirements
10. Representations and Warranties: Standard representations and warranties from both parties
11. Events of Default: Definition of events of default and their consequences
12. Set-off Rights: Rights of set-off between parties
13. Termination Provisions: Circumstances and procedures for termination of loans and the agreement
14. Notices: Requirements for formal communications between parties
15. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes
1. Agency Provisions: Required when either party acts as agent for multiple principals
2. Automated Trading Interface: Include when parties use electronic trading systems for loan initiation
3. Custody Arrangements: Required when specific custody arrangements need to be documented
4. Central Counterparty Provisions: Include when transactions will be cleared through a CCP
5. Special Market Requirements: Include when lending involves securities from specific markets with unique requirements
6. Force Majeure: Optional expanded provisions for market disruption events
7. Data Protection: Required when personal data processing is involved in the arrangement
1. Schedule 1 - Eligible Securities: List of securities eligible for lending under the agreement
2. Schedule 2 - Eligible Collateral: Acceptable forms of collateral and associated haircuts
3. Schedule 3 - Fee Schedule: Detailed fee arrangements and calculation methodologies
4. Schedule 4 - Operating Procedures: Detailed operational procedures for loans and returns
5. Schedule 5 - Forms of Notices: Standard forms for borrowing requests, recalls, and other notices
6. Schedule 6 - Contact Details: Contact information for operational and legal notices
7. Appendix A - Tax Documentation: Required tax forms and documentation
8. Appendix B - Settlement Instructions: Standard settlement instructions for both parties
Authors
Relevant legal definitions
Affiliate
Agency Loan
Applicable Law
Appropriate Market
Approved Exchange
Base Currency
Borrowing Request
Business Day
Cash Collateral
Close of Business
Collateral
Collateral Value
Corporate Action
Default Market Value
Default Notice
Defaulting Party
Delivery
Designated Office
Distribution
Equivalent Collateral
Equivalent Securities
Event of Default
Financial Instruments
Income
Income Payment Date
Income Record Date
Lending Fee
Loan
Loaned Securities
Margin
Margin Call
Margin Percentage
Margin Requirements
Market Value
Manufactured Dividend
Non-Cash Collateral
Notice of Exclusive Control
Notification Time
Principal
Recall Notice
Relevant Payment Date
Securities
Settlement Date
Standard Settlement Time
Tax
Tax Event
Term Loan
Termination Date
Trade Date
Transaction
Transfer
Valuation Date
Valuation Time
Value Determination
Voting Rights
Agency Loan
Applicable Law
Appropriate Market
Approved Exchange
Base Currency
Borrowing Request
Business Day
Cash Collateral
Close of Business
Collateral
Collateral Value
Corporate Action
Default Market Value
Default Notice
Defaulting Party
Delivery
Designated Office
Distribution
Equivalent Collateral
Equivalent Securities
Event of Default
Financial Instruments
Income
Income Payment Date
Income Record Date
Lending Fee
Loan
Loaned Securities
Margin
Margin Call
Margin Percentage
Margin Requirements
Market Value
Manufactured Dividend
Non-Cash Collateral
Notice of Exclusive Control
Notification Time
Principal
Recall Notice
Relevant Payment Date
Securities
Settlement Date
Standard Settlement Time
Tax
Tax Event
Term Loan
Termination Date
Trade Date
Transaction
Transfer
Valuation Date
Valuation Time
Value Determination
Voting Rights
Clauses
Interpretation
Loans of Securities
Delivery of Securities
Collateral Requirements
Margin Maintenance
Income Payments
Corporate Actions
Voting Rights
Fees and Charges
Tax Provisions
Representations and Warranties
Covenants
Events of Default
Close-out and Set-off
Termination
Transfer and Assignment
Agency Provisions
Risk Disclosure
Indemnification
Confidentiality
Force Majeure
Notices
Market Disruption
Dispute Resolution
Governing Law
Jurisdiction
Amendments
Severability
Entire Agreement
Electronic Trading
Settlement
Recordkeeping
Regulatory Compliance
Data Protection
Loans of Securities
Delivery of Securities
Collateral Requirements
Margin Maintenance
Income Payments
Corporate Actions
Voting Rights
Fees and Charges
Tax Provisions
Representations and Warranties
Covenants
Events of Default
Close-out and Set-off
Termination
Transfer and Assignment
Agency Provisions
Risk Disclosure
Indemnification
Confidentiality
Force Majeure
Notices
Market Disruption
Dispute Resolution
Governing Law
Jurisdiction
Amendments
Severability
Entire Agreement
Electronic Trading
Settlement
Recordkeeping
Regulatory Compliance
Data Protection
Relevant Industries
Financial Services
Banking
Investment Management
Securities Trading
Asset Management
Pension Fund Management
Insurance
Hedge Fund Management
Brokerage Services
Relevant Teams
Legal
Compliance
Trading
Operations
Risk Management
Portfolio Management
Collateral Management
Settlement
Client Relations
Investment
Regulatory Reporting
Securities Finance
Middle Office
Documentation
Relevant Roles
Legal Counsel
Securities Lending Trader
Compliance Officer
Risk Manager
Operations Manager
Portfolio Manager
Collateral Manager
Settlement Officer
Relationship Manager
Fund Manager
Trading Director
Head of Securities Finance
Legal Director
Chief Investment Officer
Regulatory Reporting Officer
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