Securities lending: The evolving regulatory landscape

Securities lending: The evolving regulatory landscape

Securities lending: The evolving regulatory landscape

Securities lending is facing increased regulatory scrutiny due to growing private investor participation. In this video Alex Panaite Fornari, General Counsel, explores the latest global trends, how new regulation is impacting securities lending participants and why SLaaS (Securities Lending as a Service) has you covered.

“We’ve seen increased focus on customer protection, client asset segregation, revenue share, transparency and reporting. These are world-wide trends.”

Alex Panaite Fornari, General Counsel

The securities lending industry is moving into the spotlight

Current trends in the regulatory landscape

Promoting best practices and acting in the best interest of clients. Identifying and managing counterparty risk. Giving investors control over their lending activities. Increasing transparency through dedicated reporting requirements. Supervising costs and fees.

Regulatory initiatives with a high impact on the industry:

15c3-3

10c-1 (soon)

Consumer Duty

Short Selling Regulation

MiFID II

SFTR

Latest news

FAQs

Securities lending is a heavily regulated and globally supervised industry. Sharegain is authorised and regulated by the FCA. You can view our authorisation here.

Securities lending, like all market activities, creates a risk/reward trade-off for the lender, borrower and agent lender. The primary risks are:

Borrower/counterparty default: Capital strength and effective collateral management are essential to managing potential default risk. Sharegain only lends to top tier banks, supported by the over-collateralisation of loans (marked-to-market daily at an average 105%), meaning much of the risk is mitigated by the contractual obligations each loan is governed by.

Operational: We manage this through a robust operating framework, integration with global leaders in the post-trade space and a comprehensive understanding of transactional flows and lifecycle management.

Cash collateral reinvestment: Sharegain operates a non-cash collateral lending solution exclusively – ensuring this commonly referenced risk is absent altogether.

We only lend your securities to top tier banks and each loan is over-collateralised, on average 105% of the value of the loan. The collateral is held and managed by Bank of New York Mellon (BNYM), the world’s largest custodian.

Sharegain does not hold or take title of your securities or lending revenues at any time. Your securities never leave your bank/broker account until they are loaned out and only after the collateral is already in your account at BNYM.

Securities lending is a long-established practice and integral to capital markets. As a lender you are protected by a number of industry standard agreements, such as the Global Master Securities Lending Agreement, which governs all loans.

Glossary

SLAA stands for Securities Lending Authorisation Agreement. This is an agreement used by agent lenders. An SLAA is the only contract you will need to sign with Sharegain. By signing this agreement, you are authorising Sharegain, on your behalf, to arrange the terms of each loan of securities with the relevant borrower(s).

GMSLA stands for Global Master Securities Lending Agreement.
You are added as a principal lender to an industry standard GMSLA with each borrower, which Sharegain will have already signed, as the agent. The GMSLA governs the management of each loan lifecycle, as well as the rights and obligations of the lender/borrower during that lifecycle.

CMMA stands for Collateral Management Master Agreement.

You are added to the CMMA of the Triparty collateral manager, which Sharegain have already signed as agent. The CMMA governs the management of collateral, the rights and obligations of the collateral receiver, the collateral provider and the collateral manager.

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