The Stock Loan Agreement serves as the primary legal framework for securities lending transactions in the Belgian market, complying with both local and EU regulations. This document is essential when financial institutions engage in securities lending activities, whether for market making, short selling coverage, or collateral management purposes. The agreement comprehensively covers loan initiation, collateral requirements, corporate actions, income payments, and default scenarios, while ensuring compliance with Belgian Financial Sector and Market Supervision Law and EU regulations such as SFTR. It is particularly important for institutions operating in Belgian financial markets and those engaging in cross-border securities lending activities involving Belgian entities or securities.
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1. Parties: Identification of the lender and borrower, including full legal names and addresses
2. Background: Context of the agreement and general purpose of the stock lending arrangement
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation
4. Loans of Securities: Core provisions governing the lending and borrowing of securities, including initiation process
5. Transfer of Securities and Collateral: Procedures and requirements for transferring securities and posting collateral
6. Collateral Management: Rules for valuation, maintenance, and adjustment of collateral
7. Income and Corporate Actions: Treatment of dividends, rights issues, and other corporate actions
8. Representations and Warranties: Standard representations and warranties from both parties
9. Events of Default: Definition of events of default and consequences
10. Termination: Provisions for termination of loans and the agreement
11. Tax Provisions: Treatment of taxes, including manufactured payments and withholding tax
12. Market Disruption: Provisions dealing with market disruption events
13. Notices: Requirements for formal communications between parties
14. Governing Law and Jurisdiction: Choice of Belgian law and jurisdiction provisions
15. General Provisions: Standard boilerplate clauses including assignments, amendments, and severability
1. Agency Provisions: Required when either party acts as agent for multiple principals
2. Margin Maintenance: Detailed provisions for margin calculations and transfers, if not covered in schedules
3. Clearing House Arrangements: Required when transactions are cleared through a clearing house
4. Electronic Trading: Required when parties use electronic trading platforms
5. Special Custody Arrangements: Required when specific custody arrangements are needed
6. Additional Tax Provisions: Required for cross-border transactions or specific tax structures
7. Voting Rights: Detailed provisions for exercising voting rights if not covered in main sections
1. Schedule A - Eligible Securities: List and characteristics of securities eligible for lending
2. Schedule B - Terms and Conditions for Loans: Specific terms including minimum loan periods, delivery methods, and cut-off times
3. Schedule C - Collateral Requirements: Detailed collateral eligibility, haircuts, and valuation methodologies
4. Schedule D - Agency Terms: Specific terms applicable to agency transactions
5. Schedule E - Fee Schedule: Lending fees, rebate rates, and other applicable charges
6. Schedule F - Forms of Notices: Standard forms for borrowing requests, recalls, and other notices
7. Schedule G - Contact Details: Operational contacts for both parties
8. Appendix 1 - Tax Documentation: Required tax forms and documentation
9. Appendix 2 - Electronic Trading Terms: Terms for electronic trading if applicable
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