The Security Lending Agreement serves as a crucial document in India's financial markets, enabling regulated securities lending transactions between institutional parties. This agreement is essential when financial institutions wish to temporarily transfer securities to borrowers in exchange for collateral, while maintaining beneficial ownership. The document must comply with SEBI's Securities Lending Scheme, 1997, and related regulations governing Indian securities markets. It provides a comprehensive framework for managing securities loans, including collateral requirements, corporate actions, rights and obligations of parties, and default procedures. This agreement is particularly relevant for market making, short selling, and settlement failure coverage in Indian financial markets.
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1. Parties: Identification of the lender and borrower, including their legal status and registration details
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan of Securities: Core terms of the securities lending arrangement, including the process for lending and borrowing
5. Delivery and Return: Procedures for delivery of securities and their return, including timing and method
6. Collateral: Requirements for collateral, including type, value, maintenance, and margin calls
7. Rights and Obligations: Detailed rights and obligations of both lender and borrower
8. Fees and Payments: Lending fees, payment terms, and other financial considerations
9. Events of Default: Definition of default events and consequences
10. Representations and Warranties: Standard representations and warranties from both parties
11. Termination: Conditions and procedures for termination of the agreement
12. Indemnification: Indemnification obligations of the parties
13. Notices: Communication procedures and contact details
14. Governing Law and Jurisdiction: Application of Indian law and jurisdiction for disputes
1. Corporate Actions: Handling of dividends, rights issues, and other corporate actions (for agreements involving equity securities)
2. Tax Provisions: Detailed tax handling procedures and obligations (when parties are subject to different tax jurisdictions)
3. Electronic Trading Platform: Specific provisions for automated lending through electronic platforms (when using automated systems)
4. Intermediary Provisions: Additional terms when involving clearing members or other intermediaries
5. Cross-Border Provisions: Additional requirements for international securities lending
6. Force Majeure: Provisions for extraordinary events affecting market operations
1. Schedule 1 - Eligible Securities: List of securities eligible for lending under the agreement
2. Schedule 2 - Approved Collateral: Types and specifications of acceptable collateral
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees and charges
4. Schedule 4 - Operating Procedures: Detailed procedures for loan initiation, maintenance, and return
5. Schedule 5 - Form of Loan Confirmation: Template for confirming individual loan transactions
6. Appendix A - Contact Details: List of authorized personnel and contact information
7. Appendix B - Required Documentation: List of documents required for compliance and verification
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Investment Management
Securities Trading
Asset Management
Institutional Investment
Brokerage Services
Capital Markets
Relevant Teams
Legal
Compliance
Securities Operations
Risk Management
Trading
Settlement
Portfolio Management
Custody Operations
Finance
Investment
Regulatory Affairs
Relevant Roles
Legal Counsel
Compliance Officer
Securities Operations Manager
Risk Manager
Trading Manager
Settlement Officer
Portfolio Manager
Custody Operations Manager
Chief Financial Officer
Investment Officer
Securities Lending Specialist
Regulatory Affairs Director
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