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Security Loan Agreement

Security Loan Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

Security Loan Agreement

"I need a Security Loan Agreement for a Saudi bank lending government sukuk to an investment company, with the loan period starting March 1, 2025, including specific provisions for Shariah-compliant collateral arrangements and quarterly valuation requirements."

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Document background
The Security Loan Agreement is a specialized financial instrument used in Saudi Arabian capital markets when one party (typically a financial institution) wishes to temporarily transfer securities to another party against collateral. This document is essential for various market activities including short selling, coverage of settlement failures, and supporting market-making activities. The agreement must comply with Saudi Arabian regulations, particularly those issued by the Capital Market Authority (CMA) and Saudi Arabian Monetary Authority (SAMA), while adhering to Islamic finance principles. It includes detailed provisions for the transfer mechanism, collateral management, rights during the loan period, and return of securities, all structured within a Shariah-compliant framework.
Suggested Sections

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

2. Background: Context of the security loan arrangement and confirmation of Shariah compliance

3. Definitions: Key terms used throughout the agreement, including specific securities terminology and regulatory references

4. Loan of Securities: Core provisions detailing the securities to be loaned, transfer mechanics, and term of the loan

5. Collateral Arrangements: Details of collateral to be provided, including type, value, and maintenance requirements

6. Rights and Obligations: Specific duties of each party, including voting rights, corporate actions, and dividend arrangements

7. Representations and Warranties: Standard and specific confirmations from each party regarding their capacity and authority

8. Fees and Charges: All applicable fees, charges, and compensation structure (ensuring Shariah compliance)

9. Term and Termination: Duration of the agreement and circumstances allowing early termination

10. Events of Default: Circumstances constituting default and consequences

11. Remedies: Available remedies upon default or breach

12. Governing Law and Jurisdiction: Confirmation of Saudi law application and relevant courts

Optional Sections

1. Market Disruption: Additional provisions dealing with market disruption events - include if securities are traded on volatile markets

2. Tax Provisions: Specific tax-related provisions - include if cross-border elements exist

3. Regulatory Compliance: Additional regulatory compliance provisions - include if either party is regulated by SAMA/CMA

4. Islamic Finance Provisions: Detailed Shariah compliance mechanisms - include if specifically required by parties

5. Third Party Rights: Provisions regarding rights of third parties - include if relevant to the security arrangement

6. Force Majeure: Provisions for unforeseen circumstances - include based on market conditions

Suggested Schedules

1. Schedule 1 - Securities: Detailed description of the securities being loaned

2. Schedule 2 - Collateral Requirements: Specific details of required collateral, including valuation methods

3. Schedule 3 - Fee Schedule: Detailed breakdown of all applicable fees and charges

4. Schedule 4 - Transfer Procedures: Operational procedures for transferring securities and collateral

5. Schedule 5 - Form of Notices: Standard forms for various notices under the agreement

6. Appendix A - Shariah Approval: Copy of Shariah board approval or certification if required

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

8. Appendix C - Regulatory Approvals: Copies of relevant regulatory approvals or licenses

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
Applicable Law
Authorised Representative
Business Day
Capital Market Authority
Collateral
Collateral Margin
Collateral Transfer
Corporate Action
Default Event
Default Notice
Delegation
Distribution
Dividend
Effective Date
Eligible Securities
Events of Default
Exercise Date
Expiry Date
Equivalent Collateral
Equivalent Securities
Income
Islamic Finance Principles
Lending Fee
Loan
Loan Date
Loaned Securities
Loss
Market Value
Material Adverse Effect
Notice of Exercise
Parties
Purchase Date
Purchase Price
Regulatory Authority
Relevant Market
SAMA
Securities
Security Interest
Settlement Date
Shariah Board
Shariah Principles
Standard Settlement Time
Termination Date
Transfer Date
Transferred Securities
Trigger Event
Voting Rights
Clauses
Interpretation
Securities Transfer
Collateral Arrangements
Payment Obligations
Shariah Compliance
Delivery of Securities
Title Transfer
Voting Rights
Corporate Actions
Income Payments
Margin Maintenance
Events of Default
Early Termination
Set-Off
Representations and Warranties
Indemnification
Regulatory Compliance
Confidentiality
Force Majeure
Assignment and Transfer
Notices
Amendments
Severability
Entire Agreement
Governing Law
Dispute Resolution
Anti-Money Laundering
Tax Provisions
Record Keeping
Further Assurance
Relevant Industries

Banking & Financial Services

Investment Banking

Asset Management

Securities Trading

Islamic Finance

Capital Markets

Financial Technology

Investment Services

Corporate Finance

Relevant Teams

Legal

Compliance

Securities Trading

Risk Management

Investment

Treasury

Shariah Compliance

Operations

Portfolio Management

Documentation

Financial Control

Relevant Roles

Legal Counsel

Compliance Officer

Securities Trading Manager

Risk Manager

Investment Officer

Treasury Manager

Shariah Compliance Officer

Financial Controller

Operations Manager

Portfolio Manager

Chief Investment Officer

Head of Securities Lending

Documentation Specialist

Legal Director

Chief Risk Officer

Industries
Capital Market Law (CML): Royal Decree No. M/30 dated 2/6/1424H - Governs securities activities, licensing, and trading in Saudi Arabia
Banking Control Law: Royal Decree No. M/5 dated 22/2/1386H - Regulates banking activities and lending operations in Saudi Arabia
Implementing Regulations of CMA: Capital Market Authority regulations governing securities lending and borrowing operations
Saudi Arabian Monetary Authority (SAMA) Rules: Regulations governing banking operations and financial institutions' lending activities
Commercial Courts Law: Royal Decree No. M/93 dated 15/8/1441H - Governs commercial dispute resolution and enforcement of contracts
Anti-Money Laundering Law: Royal Decree No. M/20 dated 5/2/1439H - Ensures compliance with AML requirements in financial transactions
Shariah Principles: Islamic law principles governing financial transactions, particularly regarding interest (riba) and uncertainty (gharar)
Commercial Pledge Law: Royal Decree No. M/86 dated 8/8/1439H - Regulates taking security over movable assets
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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