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Security Lending Agreement Template for Denmark

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Key Requirements PROMPT example:

Security Lending Agreement

I need a Security Lending Agreement under Danish law for our pension fund to lend Danish government bonds to multiple approved borrowers, with standard collateral requirements and quarterly fee calculations.

What is a Security Lending Agreement?

The Security Lending Agreement is a crucial document used in the Danish financial markets to facilitate the temporary transfer of securities from one party (lender) to another (borrower) in exchange for collateral. This agreement is essential for market participants operating under Danish jurisdiction who engage in securities lending activities, whether for coverage of short positions, generation of additional revenue, or enhanced portfolio management. The document must comply with Danish financial regulations, including the Danish Capital Markets Act and relevant EU regulations such as SFTR. It contains detailed provisions on operational procedures, risk management, default handling, and regulatory reporting requirements specific to the Danish market context. The agreement is particularly important given Denmark's position in the Nordic financial markets and its relationship with EU financial regulations while maintaining its own distinct legal framework.

What sections should be included in a Security Lending Agreement?

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

2. Background: Context of the agreement and brief description of the parties' intentions regarding securities lending

3. Definitions and Interpretation: Comprehensive list of defined terms used throughout the agreement and rules of interpretation

4. Loans of Securities: Core provisions governing the lending of securities, including initiation process and confirmation requirements

5. Delivery of Securities: Procedures and requirements for the delivery of securities between parties

6. Collateral Requirements: Details of required collateral, including type, quality, and maintenance of margin requirements

7. Mark to Market: Procedures for daily valuation of loaned securities and collateral, including timing and methodology

8. Income and Corporate Actions: Treatment of dividends, interest, and other corporate actions affecting loaned securities

9. Fees and Charges: Lending fees, rebate rates, and other applicable charges

10. Tax: Treatment of tax implications, withholding requirements, and tax-related representations

11. Representations and Warranties: Standard and specific representations and warranties from both parties

12. Events of Default: Definition of events of default and their consequences

13. Termination: Provisions for termination of individual loans and the agreement as a whole

14. Set-off Rights: Rights of set-off and netting arrangements

15. Governing Law and Jurisdiction: Confirmation of Danish law as governing law and jurisdiction for disputes

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

1. Agency Provisions: Required when either party acts as agent for underlying principals

2. Automated Trading: Include when parties use electronic trading systems for loan initiation

3. Tri-party Arrangements: Required when using a tri-party collateral agent

4. Credit Support: Include when additional credit support beyond standard collateral is required

5. Buy-in Procedures: Detailed procedures for buy-in rights if needed beyond standard default provisions

6. Securities Rehypothecation: Include when borrower is permitted to re-use borrowed securities

7. Force Majeure: Specific provisions for market disruption events beyond standard default scenarios

What schedules should be included in a Security Lending Agreement?

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

2. Schedule B - Eligible Collateral: Approved types of collateral and applicable haircuts

3. Schedule C - Fee Schedule: Detailed fee arrangements and calculation methodologies

4. Schedule D - Operations Contact Details: Contact information for operational matters and notices

5. Schedule E - Forms: Standard forms for loan confirmation, recall notices, and other communications

6. Schedule F - Jurisdictional Requirements: Specific requirements under Danish law and EU regulations

7. Schedule G - Systems and Authentication: Technical specifications for electronic trading and authentication procedures

8. Appendix 1 - Tax Documentation: Required tax forms and documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



























































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Relevant Industries

Financial Services

Banking

Investment Management

Insurance

Pension Funds

Asset Management

Securities Trading

Wealth Management

Fund Management

Capital Markets

Relevant Teams

Legal

Compliance

Risk Management

Securities Operations

Trading

Settlement

Portfolio Management

Treasury

Collateral Management

Investment Operations

Financial Control

Regulatory Reporting

Relevant Roles

Legal Counsel

Securities Operations Manager

Risk Manager

Compliance Officer

Trading Director

Portfolio Manager

Collateral Manager

Securities Lending Trader

Settlement Officer

Chief Investment Officer

Treasury Manager

Operations Director

Legal Director

Head of Trading

Senior Compliance Manager

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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