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Security Loan Agreement

Security Loan Agreement Template for Indonesia

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Key Requirements PROMPT example:

Security Loan Agreement

"I need a Security Loan Agreement governed by Indonesian law for a commercial bank lending government bonds to a securities company, with a collateral requirement of 120% and automated margin calls through an electronic trading platform."

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Document background
The Security Loan Agreement serves as a crucial document in Indonesia's financial markets, enabling institutions to temporarily transfer securities while maintaining legal protection for all parties involved. This agreement type is commonly used by financial institutions, investment managers, and broker-dealers operating under Indonesian jurisdiction when they need to facilitate short-selling, cover settlement failures, or support market-making activities. The document must comply with OJK Regulation No. 45/POJK.04/2014 and related Indonesian financial regulations, incorporating specific local market requirements and practices. It includes comprehensive details about the securities being lent, collateral arrangements, fee structures, and risk management provisions, while ensuring alignment with Indonesian civil law principles and financial market regulations.
Suggested Sections

1. Parties: Identification of the lender and borrower, including their complete legal names, registration numbers, and addresses

2. Background: Context of the agreement, including the purpose of the security loan and the parties' authority to enter into the transaction

3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules for interpreting the agreement

4. Loan of Securities: Core provisions describing the securities to be lent, loan terms, and delivery mechanisms

5. Collateral Requirements: Details of required collateral, including type, value, maintenance, and margin requirements

6. Loan Fee and Other Payments: Specifications for lending fees, payment schedules, and any other financial considerations

7. Rights and Obligations: Detailed responsibilities of both parties during the loan period

8. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority

9. Events of Default: Circumstances constituting default and consequences thereof

10. Termination: Conditions and procedures for early termination or maturity of the loan

11. Tax Provisions: Treatment of taxes and other duties related to the securities loan

12. Notices: Communication procedures between parties

13. Governing Law and Jurisdiction: Confirmation of Indonesian law as governing law and jurisdiction for disputes

14. General Provisions: Standard boilerplate clauses including amendments, assignments, and severability

Optional Sections

1. Market Disruption: Provisions dealing with market disruption events - include when lending securities traded on volatile markets

2. Corporate Actions: Handling of corporate actions affecting the loaned securities - include when lending equities

3. Intermediary Provisions: Additional provisions when a broker or agent is involved in the transaction

4. Cross-Border Provisions: Additional requirements for international transactions - include when either party is foreign

5. Electronic Trading Platform: Provisions for using electronic platforms for loan transactions - include when using automated trading systems

6. Sharia Compliance: Additional provisions ensuring compliance with Islamic law - include when either party requires Sharia compliance

Suggested Schedules

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

2. Schedule 2 - Collateral Requirements: Detailed specifications of acceptable collateral and haircut calculations

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

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

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

6. Schedule 6 - Contact Details: List of authorized personnel and contact information for both parties

7. Appendix A - Required Documents: List of supporting documents required from each party

8. Appendix B - Regulatory Disclosures: Required disclosures under Indonesian financial regulations

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
Acceptable Collateral
Accrued Interest
Agency Agreement
Agent
Applicable Law
Approved Depository
Authorized Person
Bank Indonesia
Borrower
Borrowing Request
Business Day
Collateral
Collateral Margin
Collateral Value
Corporate Action
Default Event
Default Notice
Delivery Date
Dividend
Eligible Securities
Equivalent Collateral
Equivalent Securities
Event of Default
Exercise Price
Financial Services Authority (OJK)
Haircut
Income
Income Payment Date
Indonesian Stock Exchange (IDX)
Interest Rate
KSEI
Lender
Lending Fee
Loan
Loan Confirmation
Loan Date
Loan Period
Margin Call
Margin Percentage
Market Value
Maturity Date
Notice of Termination
OJK Regulations
Outstanding Loans
Parties
Payment Date
Recall Notice
Reference Price
Redelivery
Related Party
Relevant Exchange
Securities
Securities Lending Transaction
Settlement Date
Settlement System
Termination Date
Transaction
Transfer
Valuation Date
Voting Rights
Clauses
Interpretation
Loan and Delivery
Collateral Requirements
Margin Maintenance
Fee Payment
Income and Corporate Actions
Tax Provisions
Representations and Warranties
Covenants
Events of Default
Close-out and Set-off
Market Disruption
Force Majeure
Regulatory Compliance
Confidentiality
Indemnification
Assignment and Transfer
Notices
Amendment
Governing Law
Dispute Resolution
Electronic Trading
Record Keeping
Voting Rights
Settlement
Term and Termination
Agency Provisions
Intermediary Rights
Risk Disclosure
Counterparty Requirements
Operational Procedures
Market Standards
Anti-Money Laundering
Foreign Exchange
Legal Title
Redelivery Obligations
Default Interest
Set-off Rights
Security Interest
Relevant Industries

Banking

Financial Services

Investment Management

Securities Trading

Asset Management

Capital Markets

Insurance

Pension Funds

Broker-Dealers

Investment Banking

Relevant Teams

Legal

Compliance

Trading

Risk Management

Operations

Treasury

Investment

Securities Operations

Regulatory Affairs

Settlement

Finance

Portfolio Management

Relevant Roles

Legal Counsel

Compliance Officer

Securities Trading Manager

Risk Manager

Portfolio Manager

Operations Director

Treasury Manager

Investment Officer

Securities Lending Specialist

Custodian Relations Manager

Chief Financial Officer

Head of Trading

Regulatory Affairs Director

Settlement Officer

Industries
Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata): Provides the fundamental legal framework for contracts and agreements in Indonesia, including basic principles of contract formation, rights, and obligations of parties
Law No. 8 of 1995 on Capital Markets: Governs securities transactions and trading in Indonesia's capital markets, including provisions for securities lending and borrowing activities
OJK Regulation No. 45/POJK.04/2014: Specific regulation on Securities Lending and Borrowing transactions in the Indonesian market, outlining the requirements and procedures for such agreements
Law No. 21 of 2011 on Financial Services Authority (OJK): Establishes OJK's authority to regulate and supervise financial services sector, including securities lending activities
Law No. 42 of 1999 on Fiduciary Security: Governs the creation and enforcement of security interests in movable assets, including securities
OJK Regulation No. 9/POJK.04/2015: Regarding Guidelines for Investment Fund Contracts in the Form of Collective Investment Contracts, which may affect securities lending involving investment funds
Bank Indonesia Regulation No. 18/2/PBI/2016: Regulates financial market transactions and may affect securities lending when involving banking institutions
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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