The Stock Borrowing Agreement is essential for financial institutions engaged in securities lending transactions within the Belgian market. This document is utilized when one party (the borrower) needs to temporarily acquire securities from another party (the lender), typically for purposes such as settlement coverage, market making, or short selling activities. The agreement must comply with Belgian financial law, including the Financial Law of 2 August 2002 and relevant Royal Decrees, as well as EU regulations such as the Securities Financing Transactions Regulation (SFTR). It includes detailed provisions for collateral management, corporate actions, voting rights, and tax treatments specific to the Belgian jurisdiction. The document is particularly important for ensuring regulatory compliance while facilitating efficient securities lending operations in the Belgian and broader European markets.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership聽of your docs
1. Parties: Identification of the lender and borrower, including full legal names, registration details, and addresses
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and interpretation rules
4. Loans of Securities: Core provisions governing the borrowing mechanism, including loan requests, deliveries, and minimum loan values
5. Transfer of Securities: Procedures and requirements for transferring securities between parties
6. Collateral Requirements: Obligations regarding posting and maintaining collateral, including marking to market
7. Fees and Charges: Lending fees, compensation for distributions, and other applicable charges
8. Rights and Obligations: General rights and obligations of both parties during the term of the agreement
9. Corporate Actions: Handling of dividends, voting rights, and other corporate events affecting borrowed securities
10. Tax Provisions: Treatment of tax obligations, withholding requirements, and gross-up provisions
11. Representations and Warranties: Standard representations and specific confirmations required under Belgian law
12. Events of Default: Definition of default events and consequences
13. Termination: Provisions for ending the agreement and individual loans
14. Set-off Rights: Rights to set off obligations between parties
15. Notices: Communication requirements and contact details
16. Governing Law and Jurisdiction: Confirmation of Belgian law governance and jurisdiction provisions
1. Agency Provisions: Required when either party acts as agent for underlying clients
2. Intermediary Arrangements: Needed when professional intermediaries are involved in the transaction
3. Additional Tax Provisions: Required for cross-border transactions or specific tax structures
4. Market Disruption: Provisions dealing with market disruption events, recommended for longer-term arrangements
5. Electronic Trading Provisions: Required when automated trading systems are used for loan requests
6. Buy-in Procedures: Detailed procedures for buy-in rights, recommended for certain types of securities
7. Force Majeure: Extended force majeure provisions beyond standard terms, recommended for international transactions
1. Schedule 1 - Form of Loan Request: Standard form for requesting securities loans
2. Schedule 2 - Eligible Securities: List of securities eligible for borrowing under the agreement
3. Schedule 3 - Eligible Collateral: Approved types of collateral and applicable haircuts
4. Schedule 4 - Fee Schedule: Detailed fee structure and calculation methods
5. Schedule 5 - Contact Details: Operational and administrative contacts for both parties
6. Schedule 6 - Tax Documentation: Required tax forms and certificates
7. Appendix A - Standard Settlement Instructions: Details of settlement accounts and procedures
8. Appendix B - Collateral Management Procedures: Detailed procedures for posting and managing collateral
Find the exact document you need
Buffer Stock Agreement
Belgian law-governed agreement for managing buffer stock storage arrangements, detailing storage conditions, quality maintenance, and operational procedures.
Download
Stock Issuance Agreement
A Belgian law-governed agreement documenting the issuance of new shares in a company, setting forth terms, conditions, and compliance requirements for share subscription.
Download
Phantom Equity Agreement
Belgian law-governed agreement establishing phantom equity rights that simulate share ownership benefits without actual share issuance.
Download
Stock Transfer Contract
A Belgian law-governed agreement facilitating the legal transfer of shares between parties, outlining terms, conditions, and completion requirements.
Download
Stock Borrowing Agreement
Belgian law-governed agreement establishing terms for securities lending transactions between institutional parties, incorporating local and EU regulatory requirements.
Download
Stock Repurchase Agreement
A Belgian law-governed agreement documenting a company's repurchase of its own shares from existing shareholders, ensuring compliance with BCCA requirements.
Download
骋别苍颈别鈥檚 Security Promise
Genie is the safest place to draft. Here鈥檚 how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; 骋别苍颈别鈥檚 AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it