Share Lending Agreement for Malaysia

Share Lending Agreement Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes the terms and conditions under which one party (the lender) temporarily transfers securities to another party (the borrower) in exchange for collateral and fees. The agreement complies with Malaysian securities regulations, particularly the Capital Markets and Services Act 2007 and Bursa Malaysia Guidelines, and includes detailed provisions for the transfer, maintenance, and return of securities, collateral requirements, rights and obligations of parties, default scenarios, and regulatory compliance requirements. It incorporates specific Malaysian market practices and regulatory requirements while providing a framework for securities lending transactions in the Malaysian capital markets.

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What is a Share Lending Agreement?

The Share Lending Agreement serves as a critical document in Malaysian financial markets, facilitating securities lending transactions while ensuring compliance with local regulations and market practices. This agreement is essential when financial institutions, asset managers, or other eligible parties wish to temporarily transfer securities for various purposes, including short selling, settlement coverage, or market making activities. The document comprehensively addresses the rights, obligations, and operational procedures required under Malaysian law, particularly the Capital Markets and Services Act 2007 and Bursa Malaysia Guidelines. It includes specific provisions for collateral management, corporate actions, default scenarios, and regulatory reporting requirements unique to the Malaysian market context.

What sections should be included in a Share Lending Agreement?

1. Parties: Identification of the Lender and Borrower with full legal names and details

2. Background: Context of the agreement and purpose of the share lending arrangement

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

4. Loan of Securities: Core provisions governing the lending of securities, including process and conditions

5. Delivery and Return: Procedures for delivering securities to borrower and returning them to lender

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

7. Rights and Obligations: Specific rights and obligations of both lender and borrower

8. Fees and Payments: Lending fees, payment terms, and other financial considerations

9. Representations and Warranties: Standard representations and warranties from both parties

10. Events of Default: Circumstances constituting default and consequences

11. Termination: Provisions for termination of the agreement and post-termination obligations

12. Notices: Communication requirements and contact details

13. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction details

What sections are optional to include in a Share Lending Agreement?

1. Multiple Parties: Additional provisions for agreements involving multiple lenders or borrowers

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

3. Set-off Rights: Rights to set off obligations between parties

4. Agency Provisions: Required when one party acts as agent for others

5. Tax Provisions: Detailed tax handling and gross-up provisions if applicable

6. Market Disruption: Provisions dealing with market disruption events

7. Regulatory Compliance: Specific provisions required for regulatory compliance in certain circumstances

What schedules should be included in a Share Lending Agreement?

1. Form of Loan Notice: Standard form for requesting a securities loan

2. Eligible Securities: List of securities eligible for lending under the agreement

3. Eligible Collateral: Types and specifications of acceptable collateral

4. Fee Schedule: Detailed breakdown of fees and charges

5. Operating Procedures: Detailed procedures for loan transactions and settlements

6. Contact Details: List of authorized personnel and contact information

7. Form of Transfer Instructions: Standard instructions for transferring securities

8. Regulatory Disclosures: Required disclosures under Malaysian securities 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

Cost

Free to use

Relevant legal definitions

Clauses

Relevant Industries

Financial Services

Banking

Investment Management

Securities Trading

Asset Management

Hedge Funds

Pension Funds

Insurance

Corporate Finance

Relevant Teams

Legal

Compliance

Trading

Risk Management

Operations

Settlement

Custody

Portfolio Management

Treasury

Finance

Regulatory Reporting

Investment

Relevant Roles

Legal Counsel

Compliance Officer

Securities Trading Manager

Risk Manager

Operations Director

Portfolio Manager

Settlement Officer

Custody Manager

Chief Investment Officer

Regulatory Reporting Officer

Securities Lending Specialist

Treasury Manager

Financial Controller

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What is a Share Lending Agreement?

What sections should be included in a Share Lending Agreement?

What sections are optional to include in a Share Lending Agreement?

What schedules should be included in a Share Lending Agreement?

Authors

Alex Denne

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