The Security Lending Agreement is essential for financial institutions operating in the Saudi Arabian market who engage in securities lending and borrowing activities. This document is used when parties wish to establish a framework for multiple securities lending transactions that comply with both CMA regulations and Islamic finance principles. The agreement details the mechanics of securities transfers, collateral requirements, fee structures, and risk management provisions specific to the Saudi market. It becomes necessary when financial institutions need to facilitate market making, cover settlement failures, or support trading strategies, while ensuring all activities remain Shariah-compliant. The document incorporates recent regulatory developments in the Saudi financial markets and addresses the unique requirements of Islamic financial institutions.
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Key Requirements PROMPT example:
Security Lending Agreement
"I need a Security Lending Agreement for our Saudi bank to lend Shariah-compliant equities to an international investment firm, with specific provisions for cross-border transactions and enhanced collateral requirements of 120%."
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1. Parties: Identification of the lender and borrower, including their regulatory status and authority to enter into the agreement
2. Background: Context of the agreement and confirmation of the parties' intention to enter into Shariah-compliant securities lending transactions
3. Definitions: Comprehensive definitions of terms used throughout the agreement, including specific Saudi regulatory and Shariah terminology
4. Loans of Securities: Core provisions governing the lending and borrowing process, including loan initiation, delivery mechanisms, and confirmation requirements
5. Collateral Requirements: Provisions for the delivery, maintenance, and return of Shariah-compliant collateral
6. Fees and Charges: Shariah-compliant fee structure and payment mechanisms
7. Rights and Obligations: Detailed responsibilities of each party, including voting rights, corporate actions, and dividend arrangements
8. Events of Default: Circumstances constituting default and consequences thereof
9. Termination: Provisions for ending the agreement and individual loans, including close-out procedures
10. Representations and Warranties: Standard and Saudi-specific representations, including Shariah compliance declarations
11. Tax Provisions: Treatment of taxes and zakat obligations
12. Governing Law and Jurisdiction: Saudi law as governing law and dispute resolution mechanisms
1. Custodian Provisions: Required when a third-party custodian is involved in holding securities or collateral
2. Agent Lender Provisions: Required when the lender acts through an agent
3. Shariah Board Approval: Required when either party requires explicit Shariah board approval and ongoing compliance monitoring
4. Market Making Provisions: Required when the borrower is using securities for market making activities
5. Cross-Border Provisions: Required when lending involves international securities or foreign counterparties
6. Electronic Trading Platform Terms: Required when transactions will be conducted through an electronic platform
1. Schedule 1 - Eligible Securities: List of securities eligible for lending under the agreement, including any Shariah compliance criteria
2. Schedule 2 - Eligible Collateral: Approved forms of Shariah-compliant collateral and applicable haircuts
3. Schedule 3 - Fee Schedule: Detailed breakdown of Shariah-compliant fees and payment calculations
4. Schedule 4 - Standard Forms: Forms for loan confirmations, recalls, and other standard notices
5. Schedule 5 - Contact Details: Contact information for notices, deliveries, and escalations
6. Appendix A - Shariah Guidelines: Specific Shariah principles and requirements applicable to the agreement
7. Appendix B - Operating Procedures: Detailed operational procedures for loan initiation, maintenance, and termination
8. Appendix C - Risk Disclosures: Required risk disclosures under Saudi regulations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Investment Management
Securities Trading
Asset Management
Islamic Finance
Capital Markets
Wealth Management
Relevant Teams
Legal
Compliance
Trading
Risk Management
Operations
Islamic Finance
Portfolio Management
Treasury
Settlements
Documentation
Middle Office
Shariah Advisory
Custody Operations
Market Risk
Relevant Roles
Legal Counsel
Compliance Officer
Securities Trading Manager
Risk Manager
Operations Director
Islamic Finance Specialist
Portfolio Manager
Securities Lending Trader
Custodian Relationship Manager
Chief Investment Officer
Head of Treasury
Shariah Compliance Officer
Settlement Officer
Legal Documentation Specialist
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