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Stock Borrowing Agreement

Stock Borrowing Agreement Template for Indonesia

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Key Requirements PROMPT example:

Stock Borrowing Agreement

"I need a Stock Borrowing Agreement for my investment bank to borrow Indonesian blue-chip stocks from a local pension fund, with special provisions for automated margin calls and electronic trading platform integration."

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Document background
The Stock Borrowing Agreement is a crucial document in Indonesia's capital markets, used when one party needs to temporarily borrow securities from another, typically for purposes such as short selling, avoiding settlement failures, or supporting market-making activities. The agreement must comply with Law No. 8 of 1995 on Capital Markets and OJK Regulation No. 45/POJK.04/2020 on Securities Borrowing and Lending. It outlines the complete framework for the borrowing arrangement, including delivery mechanisms, collateral requirements, rights and obligations of parties, default provisions, and settlement procedures through KSEI. The document is essential for financial institutions operating in Indonesia's securities markets and must incorporate specific local regulatory requirements while maintaining international market standards.
Suggested Sections

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

2. Background: Context of the agreement, including the lender's ownership of securities and borrower's purpose for borrowing

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

4. Loan of Securities: Core provisions governing the borrowing arrangement, including scope, purpose, and basic mechanics

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

6. Collateral Requirements: Details of required collateral, including type, value, maintenance, and margin calls

7. Fees and Payments: Borrowing fees, payment schedules, and calculation methods

8. Rights and Obligations: Specific duties and responsibilities of each party during the loan period

9. Representations and Warranties: Standard declarations about the parties' capacity, authority, and securities ownership

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

11. Termination: Conditions and procedures for ending the agreement

12. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes

13. Notices: Communication procedures and contact details for formal notices

Optional Sections

1. Market Disruption: Provisions dealing with market disruptions or trading suspensions - included when trading in volatile markets

2. Tax Provisions: Detailed tax handling procedures - included when cross-border elements exist or specific tax arrangements are needed

3. Corporate Actions: Handling of dividends, rights issues, and other corporate actions - included for equities lending

4. Agent Provisions: Required when a lending or borrowing agent is involved in the transaction

5. Electronic Trading Platform: Included when the borrowing arrangement is conducted through a specific trading platform

6. Foreign Investment Provisions: Required when the arrangement involves foreign investors subject to Indonesian investment restrictions

Suggested Schedules

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

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, charges, and calculation methodologies

3. Schedule 3 - Form of Loan Confirmation: Standard form for confirming individual loan transactions

4. Schedule 4 - Collateral Requirements: Detailed specifications for acceptable collateral and haircuts

5. Schedule 5 - Operating Procedures: Detailed procedures for loan initiation, maintenance, and return

6. Appendix A - Standard Settlement Instructions: Banking and securities account details for settlements

7. Appendix B - Authorized Persons: List of authorized signatories and traders for each party

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
Act of Insolvency
Agency Agreement
Applicable Law
Approved Banking Day
Authorised Representative
Available Securities
Base Currency
Borrowed Securities
Borrowing Request
Business Day
Cash Collateral
Close of Business
Collateral
Collateral Margin
Collateral Value
Corporate Action
Default Market Value
Default Notice
Delivery Date
Distribution
Dividend
Equivalent Collateral
Equivalent Securities
Event of Default
Exercise Price
Financial Services Authority (OJK)
Income
Income Payment Date
Indonesia Stock Exchange (IDX)
Indonesian Central Securities Depository (KSEI)
Interest Rate
Lending Fee
Loan
Loan Confirmation
Loan Period
Margin Call
Margin Percentage
Market Value
Non-Cash Collateral
Notice of Termination
Notification Time
Performance Date
Relevant Payment Date
Return Date
Securities
Settlement Date
Settlement System
Standard Settlement Time
Tax Event
Transaction
Transfer
Valuation Date
Voting Rights
Relevant Industries

Banking

Securities Trading

Investment Management

Asset Management

Hedge Funds

Pension Funds

Insurance

Securities Services

Financial Services

Capital Markets

Relevant Teams

Legal

Compliance

Trading

Operations

Risk Management

Securities Services

Settlement

Custody

Portfolio Management

Treasury

Regulatory Reporting

Relevant Roles

Securities Lending Manager

Trading Director

Compliance Officer

Legal Counsel

Risk Manager

Operations Manager

Settlement Officer

Portfolio Manager

Custody Manager

Chief Investment Officer

Trading Desk Manager

Regulatory Reporting Officer

Treasury Manager

Industries
Law No. 8 of 1995 on Capital Markets: The primary law governing capital market activities in Indonesia, providing the fundamental legal framework for securities transactions
OJK Regulation No. 45/POJK.04/2020: Specific regulation on Securities Borrowing and Lending transactions in the Indonesian capital market, outlining the requirements and procedures
Indonesian Civil Code (KUHPerdata): Provides the basic principles of contract law and obligations that apply to all agreements in Indonesia
IDX Regulation No. I-E: Indonesia Stock Exchange regulation concerning securities borrowing and lending transactions on the exchange
KSEI Regulation No. KEP-0013/DIR/KSEI/0612: Regulation from the Indonesian Central Securities Depository regarding the settlement and handling of securities lending transactions
Government Regulation No. 123 of 2015: Regulation concerning income tax treatment of securities borrowing and lending transactions
OJK Regulation No. 56/POJK.04/2020: Regulation on custodian services, relevant for the safekeeping and administration of securities in lending transactions
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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