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Short Sale Contract Template for Saudi Arabia

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Key Requirements PROMPT example:

Short Sale Contract

"I need a Short Sale Contract for a Saudi-based investment firm planning to engage in short selling of listed securities on Tadawul, with specific provisions for Shariah compliance and enhanced risk management procedures for high-value transactions."

Document background
This Short Sale Contract is designed for use in securities trading operations within Saudi Arabia's regulated financial markets. It is specifically structured to comply with the Capital Market Authority's regulations and Islamic finance principles, making it suitable for both conventional and Shariah-compliant short selling transactions. The document is typically used when an investor or institution wishes to sell borrowed securities with the intention of buying them back at a lower price, while ensuring compliance with Saudi Arabia's strict regulatory framework. The contract includes comprehensive provisions for securities borrowing, risk management, margin requirements, and settlement procedures, along with necessary declarations and warranties required under Saudi law. It is particularly relevant for transactions executed through the Saudi Stock Exchange (Tadawul) and must align with the Securities Clearing Center Rules (Muqassa).
Suggested Sections

1. Parties: Identification of the seller, borrower, broker, and any other relevant parties to the short sale contract

2. Background: Context of the agreement and statement of the parties' intention to enter into a short sale transaction

3. Definitions: Key terms used throughout the agreement, including technical and regulatory terminology

4. Securities Subject to Short Sale: Detailed description of the securities to be sold short, including quantity, type, and identification numbers

5. Borrowing Arrangements: Terms and conditions for borrowing the securities, including lending fees and duration

6. Short Sale Execution: Procedures and requirements for executing the short sale transaction

7. Margin Requirements: Details of initial and maintenance margin requirements as per CMA regulations

8. Settlement Procedures: Process and timeline for settling the short sale transaction

9. Fees and Commissions: Breakdown of all applicable fees, commissions, and charges

10. Risk Disclosure: Mandatory risk warnings and acknowledgments

11. Representations and Warranties: Declarations by all parties regarding their capacity, authority, and compliance with regulations

12. Default and Remedies: Consequences and procedures in case of default by any party

13. Governing Law and Jurisdiction: Confirmation of Saudi law application and dispute resolution procedures

Optional Sections

1. Shariah Compliance Declaration: Additional section for explicitly stating compliance with Islamic finance principles, required when dealing with Islamic financial institutions

2. Custodian Arrangements: Required when a third-party custodian is involved in holding the securities

3. Market Maker Provisions: Specific provisions when one party is acting as a market maker

4. Cross-Border Provisions: Required when the transaction involves international parties or securities

5. Enhanced Risk Management: Additional risk management provisions for high-value or complex transactions

Suggested Schedules

1. Schedule 1: Securities Details: Detailed specification of the securities including ISIN, trading code, and market information

2. Schedule 2: Fee Schedule: Comprehensive breakdown of all fees, charges, and commission rates

3. Schedule 3: Settlement Instructions: Detailed settlement and payment instructions including account details

4. Schedule 4: Risk Disclosure Statement: Detailed risk warnings and acknowledgments as required by CMA

5. Appendix A: Required Documentation: List of supporting documents required from each party

6. Appendix B: Compliance Checklist: Regulatory compliance requirements and verification checklist

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

















































Clauses



































Relevant Industries

Financial Services

Investment Banking

Securities Trading

Asset Management

Islamic Finance

Banking

Capital Markets

Professional Services

Brokerage Services

Relevant Teams

Legal

Compliance

Trading

Risk Management

Operations

Settlement

Islamic Finance Advisory

Investment Management

Regulatory Affairs

Middle Office

Back Office

Securities Services

Custody Operations

Relevant Roles

Trading Manager

Compliance Officer

Legal Counsel

Risk Manager

Securities Lending Officer

Investment Manager

Operations Manager

Settlement Officer

Islamic Finance Advisor

Portfolio Manager

Chief Investment Officer

Regulatory Affairs Director

Trading Desk Supervisor

Custody Operations 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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