Short Sale Agreement for Malaysia

Short Sale Agreement Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes the terms and conditions for short selling securities on Bursa Malaysia. The document outlines the rights and obligations of the parties involved in the short sale transaction, including margin requirements, settlement procedures, and regulatory compliance requirements. It incorporates specific provisions mandated by the Securities Commission Malaysia and Bursa Malaysia's Rules, while addressing risk management, default scenarios, and trading parameters in accordance with Malaysian securities regulations.

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What is a Short Sale Agreement?

The Short Sale Agreement serves as the primary contractual framework for parties engaging in short selling activities within the Malaysian securities market. This document is essential when investors or traders wish to sell securities they don't own, typically to profit from a predicted decline in price. The agreement must comply with the Capital Markets and Services Act 2007, Securities Commission Malaysia guidelines, and Bursa Malaysia's Rules, particularly those governing Regulated Short Selling (RSS) and Proprietary Day Trading (PDT). It includes crucial provisions for margin requirements, settlement procedures, risk management, and regulatory reporting obligations. The document is designed to protect all parties' interests while ensuring market integrity and compliance with Malaysian financial regulations.

What sections should be included in a Short Sale Agreement?

1. Parties: Identification of the parties entering into the agreement, including the lender (securities owner) and borrower (short seller)

2. Background: Context of the agreement and brief explanation of the short sale transaction purpose

3. Definitions: Definitions of key terms used throughout the agreement, including technical trading terms and regulatory references

4. Securities Subject to Short Sale: Detailed description of the securities to be sold short, including quantity, type, and identification numbers

5. Trading Terms and Conditions: Core terms governing the short sale transaction, including execution parameters and trading restrictions

6. Margin Requirements: Specifications for initial and maintenance margin requirements, including calculation methods and margin calls

7. Settlement Procedures: Procedures for settling the short sale transaction, including timing and delivery requirements

8. Representations and Warranties: Standard representations and warranties from both parties regarding authority, capacity, and regulatory compliance

9. Risk Disclosure: Mandatory risk warnings and acknowledgments related to short selling activities

10. Fees and Charges: Details of all applicable fees, charges, and commission structures

11. Events of Default: Definition of default events and consequences thereof

12. Termination: Conditions and procedures for terminating the agreement

13. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes

What sections are optional to include in a Short Sale Agreement?

1. Buy-in Procedures: Procedures for mandatory buy-in scenarios - include when trading in securities subject to specific Bursa Malaysia regulations

2. Electronic Trading Provisions: Include when the short selling will be conducted through electronic trading platforms

3. Agent Provisions: Include when one or more parties are acting through agents

4. Currency Provisions: Include for cross-border transactions involving multiple currencies

5. Market Disruption Events: Include for sophisticated parties requiring detailed market disruption provisions

6. Proprietary Trading Provisions: Include when the short seller is engaging in proprietary day trading

What schedules should be included in a Short Sale Agreement?

1. Schedule 1 - Eligible Securities: List of securities approved for short selling under the agreement

2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, charges, and commission rates

3. Schedule 3 - Margin Calculations: Detailed methodology for calculating margin requirements

4. Schedule 4 - Trading Parameters: Specific trading limits, restrictions, and operational parameters

5. Schedule 5 - Required Notices: Forms and formats for various notices required under the agreement

6. Appendix A - Compliance Requirements: Summary of relevant Bursa Malaysia and Securities Commission requirements

7. Appendix B - Risk Disclosure Statement: Detailed risk disclosure statement as required by Malaysian 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

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Sale Agreement

Cost

Free to use
Relevant legal definitions
Relevant Industries

Financial Services

Investment Banking

Securities Trading

Asset Management

Wealth Management

Capital Markets

Institutional Banking

Brokerage Services

Relevant Teams

Legal

Compliance

Trading

Risk Management

Operations

Settlement

Middle Office

Regulatory Reporting

Investment Management

Financial Control

Custody Operations

Relevant Roles

Trading Manager

Compliance Officer

Legal Counsel

Risk Manager

Securities Trader

Investment Manager

Operations Manager

Settlement Officer

Portfolio Manager

Regulatory Reporting Officer

Chief Investment Officer

Broker-Dealer Representative

Financial Controller

Chief Risk Officer

Industries
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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