Income - GMSLA Provision: Difference between revisions

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{{gmslaanat|Income}}
{{gmslaanat|Income}}
So the question is how this dovetails into the [[Manufactured payments in respect of Loaned Securities - GMSLA Provision|manufactured income]] provisions where the {{gmslaprov|Income}} in question is in some way contingent on a [[corporate action]], vote, or shareholding status.
For if you lent the security to me — [[title transfer]] — and I [[Short sale|sold it short]] (as one does under a [[stock lending]] arrangement) and then a [[corporate action]] arose which entitled each shareholder who makes a certain election to receive a certain distribution, must I manufacture that distribution to you, even if I didn't make that election or, for that matter, even hold the share to be able to make that election?
As to this, see Para {{gmslaprov|6.7}}

Revision as of 11:43, 18 July 2018

GMSLA Anatomy™


In a Nutshell Clause Income:

Income means interest, dividends and similar distributions[1] made under any Securities or Collateral;
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2010 GMSLA full text of Clause Income:

Income means any interest, dividends or other distributions of any kind whatsoever with respect to any Securities or Collateral;
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2010 GMSLA: Full wikitext · Nutshell wikitext | GMLSA legal code | GMSLA Netting

Pledge GMSLA: Hard copy (ISLA) · Full wikitext · Nutshell wikitext |
1995 OSLA: OSLA wikitext | OSLA in a nutshell | GMSLA/PGMSLA/OSLA clause comparison table
From Our Friends On The Internet: Guide to equity finance | ISLA’s guide to securities lending for regulators and policy makers

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Stock lending agreement comparison: Includes navigation for the 2000 GMSLA and the 1995 OSLA

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So the question is how this dovetails into the manufactured income provisions where the Income in question is in some way contingent on a corporate action, vote, or shareholding status.

For if you lent the security to me — title transfer — and I sold it short (as one does under a stock lending arrangement) and then a corporate action arose which entitled each shareholder who makes a certain election to receive a certain distribution, must I manufacture that distribution to you, even if I didn't make that election or, for that matter, even hold the share to be able to make that election?

As to this, see Para 6.7

  1. Note: this contains significant JC editorialising about what this clause is meant to, but if read literally, does not achieve: See commentary under Income.