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Margin Lending Agreement
"I need a Margin Lending Agreement for an Australian fintech company that will offer margin loans to sophisticated investors, with specific provisions for cryptocurrency-backed securities and automated margin calls, to be launched in March 2025."
1. Parties: Identification of the margin lender, the client(s), and any guarantors
2. Background: Context of the agreement, including the nature of the margin lending facility and its purpose
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation
4. Facility Establishment: Terms and conditions for establishing the margin lending facility, including credit limits and initial margin requirements
5. Security Arrangements: Details of the security structure, including treatment of secured property and maintenance of security
6. Margin Requirements: Calculation of margin ratios, buffer requirements, and ongoing obligations
7. Margin Calls: Process for margin calls, response timeframes, and consequences of non-compliance
8. Interest and Fees: Interest calculation methodology, applicable fees, and payment terms
9. Client Acknowledgments: Key risk acknowledgments and confirmations required by regulations
10. Operating the Facility: Day-to-day operation procedures, including drawdowns and repayments
11. Events of Default: Circumstances constituting default and consequential rights of the lender
12. Enforcement Rights: Lender's rights and remedies upon default or margin call non-compliance
13. Representations and Warranties: Standard and specific representations by the client
14. Privacy and Information: Privacy obligations and information handling requirements
15. General Provisions: Standard contractual provisions including notices, amendments, and governing law
1. Guarantor Provisions: Required when the facility includes a guarantor, detailing guarantor obligations and rights
2. Nominee Arrangements: Include when the lender provides nominee services for holding secured securities
3. Managed Fund Arrangements: Required when the facility allows for managed fund investments as security
4. Internet Access: Terms for online account access and electronic communications if offered
5. Adviser Authorization: Include when the client authorizes financial advisers to operate the facility
6. Multiple Borrowers: Additional terms for joint facilities with multiple borrowers
7. Foreign Currency Provisions: Required when the facility allows for foreign currency loans or securities
8. Direct Debit Agreement: Include when automatic payment arrangements are established
1. Schedule 1 - Facility Details: Specific details of the facility including credit limit, interest rates, and fees
2. Schedule 2 - Approved Securities List: List of securities accepted as collateral and their margin ratios
3. Schedule 3 - Fee Schedule: Detailed breakdown of all applicable fees and charges
4. Schedule 4 - Client Details: Client information, account details, and communication preferences
5. Appendix A - Risk Disclosure Statement: Regulatory required risk disclosures and warnings
6. Appendix B - Direct Debit Request Form: Standard form for setting up direct debit arrangements
7. Appendix C - Guarantor Acknowledgment: Required guarantor confirmations and acknowledgments
8. Appendix D - Specimen Signatures: Authorized signatures for operating the facility
Authors
Adjustment Event
Approved Market Operator
ASIC
Associated Costs
Authorised Person
Available Credit
Base Rate
Borrower
Buffer
Business Day
Cash Account
Change of Control
Charged Property
Credit Limit
Current LVR
Default Event
Default Rate
Designated Trading Platform
Enforcement Event
Facility
Facility Balance
Financial Adviser
Guarantor
Interest Payment Date
Interest Period
Interest Rate
Lending Ratio
Loan
Loan Account
Loan to Value Ratio
Margin Call
Margin Call Date
Margin Lender
Margin Loan
Margin Requirements
Market Value
Nominee
Participating Bank
Portfolio
Portfolio Value
Power of Attorney
Secured Property
Security
Security Interest
Security Provider
Security Value
Sponsoring Participant
Sponsored Holdings
Sponsorship Agreement
Surplus
Total Amount Owing
Trading Account
Transaction
Transfer
Unacceptable Securities
Unused Limit
Credit Limit
Security Arrangements
Margin Requirements
Margin Calls
Interest and Fees
Representations and Warranties
Client Acknowledgments
Risk Disclosure
Operating Procedures
Events of Default
Enforcement Rights
Nominee Arrangements
Set-off Rights
Privacy and Information
Electronic Communications
Authority and Instructions
Anti-Money Laundering
Guarantees
Security Transfer
Portfolio Maintenance
Trading Arrangements
Termination Rights
Indemnification
Limitation of Liability
Assignment and Transfer
Amendments
Notices
Governing Law
Dispute Resolution
Force Majeure
Severability
Entire Agreement
Counterparts
Costs and Expenses
Financial Services
Banking
Investment Management
Wealth Management
Securities Trading
Financial Technology
Professional Services
Legal Services
Legal
Compliance
Risk Management
Credit
Wealth Management
Operations
Product Development
Client Services
Documentation
Portfolio Management
Legal Counsel
Compliance Officer
Risk Manager
Credit Manager
Financial Adviser
Investment Manager
Relationship Manager
Operations Manager
Product Manager
Chief Risk Officer
Chief Legal Officer
Credit Analyst
Portfolio Manager
Wealth Manager
Document Specialist
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