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Share Lending Agreement

Share Lending Agreement Template for Ireland

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Key Requirements PROMPT example:

Share Lending Agreement

"I need a Share Lending Agreement under Irish law for our investment firm acting as agent on behalf of multiple pension fund clients, with specific provisions for regulatory reporting under SFTR and scheduled to be effective from March 1, 2025."

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Document background
The Share Lending Agreement is utilized when parties wish to establish a framework for temporary transfers of shares, typically to facilitate market making, short selling, or settlement coverage. This document, governed by Irish law, outlines the terms under which securities can be borrowed and lent, including detailed provisions for collateral management, corporate actions, and regulatory compliance. The agreement is essential for financial institutions operating in Ireland and must comply with both domestic regulations (including Central Bank of Ireland requirements) and EU directives such as the Securities Financing Transactions Regulation (SFTR). It includes specific provisions addressing Irish tax implications, regulatory reporting requirements, and market practice standards for securities lending transactions.
Suggested Sections

1. Parties: Identification of the lender and borrower, including registration details and regulatory status

2. Background: Context of the agreement and relationship between the parties

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Loans of Securities: Core provisions governing the lending of shares, including initiation process and conditions precedent

5. Delivery of Securities: Procedures and timing for delivery of borrowed securities

6. Collateral Requirements: Types of acceptable collateral, delivery, maintenance, and margin requirements

7. Rights and Obligations: Key rights and obligations of both parties during the lending period

8. Income and Corporate Actions: Treatment of dividends, voting rights, and other corporate actions

9. Fees and Payments: Lending fees, payment mechanisms, and payment dates

10. Tax Provisions: Tax obligations, withholding requirements, and gross-up provisions

11. Representations and Warranties: Standard and specific representations by both parties

12. Events of Default: Circumstances constituting default and consequences

13. Termination: Termination events, process, and consequences

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

15. Governing Law and Jurisdiction: Choice of Irish law and jurisdiction provisions

Optional Sections

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

2. Custody Arrangements: Needed when involving third-party custodians

3. Market Making Provisions: Specific provisions for market makers or regulated dealers

4. Regulatory Compliance: Specific section for regulated entities with additional compliance requirements

5. Electronic Trading Platform: Required when transactions will be executed through specific trading platforms

6. Non-Standard Settlement: Required for transactions with non-standard settlement arrangements

7. Additional Services: When additional services beyond basic lending are provided

8. Sanctions and Anti-Money Laundering: Detailed AML provisions when parties require specific compliance measures

Suggested Schedules

1. Schedule 1 - Form of Loan Notice: Standard form for initiating loan transactions

2. Schedule 2 - Eligible Collateral: Detailed list of acceptable collateral types and haircuts

3. Schedule 3 - Fee Schedule: Detailed breakdown of fees and calculation methodologies

4. Schedule 4 - Settlement Instructions: Standard settlement and delivery instructions

5. Schedule 5 - Contact Details: Administrative and operational contact information

6. Schedule 6 - Tax Documentation: Required tax forms and documentation

7. Appendix A - Supplemental Terms: Any jurisdiction-specific or party-specific terms

8. Appendix B - Operating Procedures: Detailed operational procedures and requirements

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions

























































Clauses




































Relevant Industries

Financial Services

Banking

Investment Management

Securities Trading

Asset Management

Hedge Funds

Pension Funds

Insurance

Brokerage Services

Investment Banking

Relevant Teams

Legal

Compliance

Trading

Operations

Risk Management

Portfolio Management

Securities Operations

Collateral Management

Settlement

Corporate Actions

Documentation

Regulatory Reporting

Treasury

Investment

Middle Office

Relevant Roles

Legal Counsel

Securities Operations Manager

Compliance Officer

Risk Manager

Trading Manager

Portfolio Manager

Securities Lending Trader

Collateral Manager

Settlement Officer

Corporate Actions Specialist

Legal Documentation Specialist

Regulatory Reporting Officer

Treasury Manager

Investment Director

Operations Director

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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