Securities loan (with set-off)
This agreement is between an Investment Dealer Member and another entity (including another Investment Dealer Member) in which one party is the lender of securities and the other is the borrower of the securities and it requires that the borrower pledge collateral (money, securities or both) to the lender. In this agreement there is a set-off provision allowing each party to set-off and apply the amount owed by the other against any of its obligations to the other party. Because of the set-off provision, the securities loaned and the securities pledged as collateral are required under section 5840 of the IDPC Rules, cash and securities loan agreements, to be free and clear of any trading restrictions and signed for transfer.
Section 5840 requires an Investment Dealer Member to execute a written securities loan agreement for cash and securities loan transactions to avoid margin penalties in Investment Dealer Form 1.