Securities lending master agreements are vital for covering securities loans between contracting parties. They also offer legal and credit protection and a close-out netting procedure if a party defaults or goes bankrupt. These agreements are widely used by banks, securities houses, pension funds, hedge funds and insurance companies.
Mastering Securities Lending Documentation is a practical guide to understanding the negotiation of these master agreements used in the United Kingdom, United States and Europe. It is an essential handbook for anyone involved in negotiating these agreements and includes:
Chapter 1: Introduction to the securities lending market (30 pages)
-Size of market according to latest industry figures.
-Types of securities loan transactions.
- Differences between repos and securities loans
-Regulatory infrastructure in the UK and USA.
-The influence of automation.
-How a deal is done from start to finish.
Chapter 2: Risk issues ( 5 pages)
- Counterparty risk
- Issuer risk
- Market risk
- Operational risk
- Legal risk
- Collateralised nature of the product.
Chapter 3: Legal issues (8 pages)
- Nature of the transaction
- Ownership of the securities
- Drawbacks of recharacterisation
- English law legal opinion by Richard Sykes QC
- SIFMA legal opinions
Chapter 4: Evolution of master agreement documentation (6 pages)
- Inefficiency in documenting trades in the market's early days.
- Documentation standardisation in the 1990s.
- Description of the different master agreements
- The benefits they confer.
Chapter 5: Section by section clear analysis of the Global Master Securities Lending Agreement (2000) (65 pages).
The idea is as before to have a block of Global Master Securities Lending Agreement (2000) text highlighted on a page and a clear explanation of it underneath.
Chapter 6: Section by section clear analysis of the Global Master Securities Lending Agreement (2009) (75 pages).
Chapter 7: Section by section clear analysis of the European Master Agreement and its Product Annex for Securities Loans (2004) (58 pages)
Chapter 8: Section by section clear analysis of the US Master Securities Lending Agreement (70 pages)
Chapter 9: The credit crunch and likely future of the securities lending market (6 pages)
Chapters 5, 6 and 8 are the hub of the book because negotiators need core knowledge of these master agreements and awareness of possible variations proposed in their Schedules and their implications.