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The Capital Markets (Securities Lending, Borrowing and Short-selling) Regulations

6. Securities lending borrowing and borrowing agreement

Edition: 2022-12-31 · In force

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6. Securities lending borrowing and borrowing agreement

(1)The lender and borrower in a securities lending and transaction shall enter into a lending agreement before undertaking the securities lending and borrowing transaction.
(2)A lending agreement shall include—
(a)detailed identification of the lender;
(b)detailed identification of the borrower;
(c)the securities to be lent;
(d)he number of the securities to be lent;
(e)the agreed value of the securities to be lent for the purposes of the transaction;
(f)the term of the transaction;
(g)the method of calculating the lending fee or rebate and the payment schedule of the lending fee or rebate as the case may be;
(h)the nature and value of the collateral;
(i)the full transfer of the title and interest in the securities to be lent;
(j)the full transfer of the title and interest in the collateral to be provided;
(k)the methodology for the revaluation of the collateral;
(l)the person who shall be responsible for the revaluation of the collateral;
(m)the margin attached to the securities lending and borrowing transaction, if any;
(n)the nature and consequences of default or other failures in relation to the terms of the lending agreement;
(o)the exercise of voting rights associated with the securities to be lent;
(p)the exercise of voting rights associated with the collateral to be provided where the collateral is a type of security that has voting rights associated with it; and
(q)the procedure for recalling or returning the lent securities.
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Source: Kenya Law