Security Loan Agreement for Malta
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Security Loan Agreement
"I need a Security Loan Agreement for a Malta-based investment bank lending government bonds to a broker-dealer, with specific provisions for cash collateral only and daily margin maintenance requirements to be effective from March 1, 2025."
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1. Parties: Identification of the lender and borrower, including registration details and addresses
2. Background: Context of the agreement and brief description of the transaction
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Loan of Securities: Core terms of the securities loan, including securities description and loan purpose
5. Delivery and Return: Procedures for delivering loaned securities and their eventual return
6. Term and Termination: Duration of the loan and circumstances for early termination
7. Collateral Requirements: Details of required collateral, including type, value, and maintenance requirements
8. Margin Maintenance: Procedures for maintaining and adjusting collateral margin requirements
9. Rights and Obligations: Specific rights and obligations of both parties during the loan period
10. Income and Corporate Actions: Treatment of dividends, voting rights, and other corporate actions
11. Representations and Warranties: Standard and specific representations made by each party
12. Events of Default: Circumstances constituting default and consequences
13. Tax Provisions: Treatment of taxes and withholding requirements
14. Notices: Communication procedures between parties
15. Governing Law and Jurisdiction: Confirmation of Maltese law governance and jurisdiction
1. Multiple Currency Provisions: Required when securities or collateral involve multiple currencies
2. Agency Provisions: Required when any party acts as agent for other entities
3. Set-off Rights: Optional provisions for rights of set-off between parties
4. Regulatory Compliance: Specific provisions required for regulated entities or specific regulatory regimes
5. Third Party Rights: Required when rights are extended to third parties
6. Electronic Trading Provisions: Required when securities lending occurs through electronic platforms
7. Force Majeure: Optional provisions for extraordinary events affecting performance
8. Custodian Provisions: Required when third-party custodians are involved
9. Central Counterparty Provisions: Required when clearing through central counterparties
1. Schedule 1 - Form of Loan Notice: Standard form for requesting and confirming securities loans
2. Schedule 2 - Eligible Securities: List and specifications of securities eligible for lending
3. Schedule 3 - Eligible Collateral: Detailed specifications of acceptable collateral types
4. Schedule 4 - Margin Percentages: Specific margin requirements for different security and collateral types
5. Schedule 5 - Contact Details: Authorized representatives and contact information for both parties
6. Schedule 6 - Standard Settlement Instructions: Details for securities and collateral transfers
7. Appendix A - Fee Schedule: Details of lending fees, charges and payment arrangements
8. Appendix B - Tax Documentation: Required tax forms and documentation
9. Appendix C - Regulatory Disclosures: Required regulatory notices and disclosures under Maltese law
Authors
Act of Insolvency
Affiliate
Agency Agreement
Applicable Law
Approved Bank
Authorised Representative
Base Currency
Borrowed Securities
Business Day
Buy-in
Cash Collateral
Close of Business
Collateral
Collateral Margin Percentage
Collateral Transfer
Corporate Action
Default Market Value
Default Notice
Delivery Date
Designated Office
Distribution
Dividend
Equivalent Collateral
Equivalent Securities
Event of Default
Exercise Price
Financial Instruments
Income
Income Payment Date
Interest Rate
Lending Fee
Loan
Loan Notice
Loaned Securities
Margin Call
Margin Percentage
Margin Transfer
Market Value
MFSA
Non-Cash Collateral
Notice of Exclusive Control
Notification Time
Payment Date
Posted Collateral
Pricing Rate
Principal
Recall Notice
Record Date
Relevant Payment Date
Return Date
Securities
Securities Lending Transaction
Settlement Date
Settlement System
Termination Date
Transaction
Transfer System
Valuation Date
Valuation Percentage
Valuation Time
Voting Rights
Securities Loan
Delivery of Securities
Collateral Requirements
Margin Maintenance
Income and Distributions
Corporate Actions
Voting Rights
Tax Provisions
Fees and Charges
Representations and Warranties
Covenants
Events of Default
Close-out and Set-off
Interest on Outstanding Amounts
Transfer and Assignment
Market Disruption
Force Majeure
Indemnification
Confidentiality
Data Protection
Anti-Money Laundering
Regulatory Compliance
Notice Requirements
Amendment and Waiver
Severability
Counterparts
Electronic Execution
Agency Provisions
Entire Agreement
Third Party Rights
Governing Law
Jurisdiction
Dispute Resolution
Banking
Financial Services
Investment Management
Securities Trading
Asset Management
Broker-Dealers
Wealth Management
Insurance
Investment Banking
Fund Management
Legal
Compliance
Securities Trading
Risk Management
Treasury
Operations
Finance
Investment Management
Collateral Management
Securities Operations
Trading Desk
Regulatory Affairs
Settlement
Documentation
Client Services
Legal Counsel
Compliance Officer
Securities Trading Manager
Risk Manager
Treasury Manager
Portfolio Manager
Operations Director
Chief Financial Officer
Investment Manager
Collateral Manager
Securities Operations Officer
Trading Desk Manager
Legal Director
Regulatory Affairs Manager
Settlement Officer
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