Margin Loan Agreement Generator for Australia

The Margin Loan Agreement is a critical document used in Australian financial markets when a lender provides credit to a borrower for investment purposes, secured against approved securities. This agreement is essential when establishing a margin lending facility, which allows investors to borrow funds to invest in approved securities while using their existing investment portfolio or new purchases as collateral. The document must comply with strict Australian regulatory requirements, including those set out in the Corporations Act 2001 and ASIC's regulatory guidelines. The agreement details the facility terms, security arrangements, margin call procedures, borrower obligations, and enforcement rights, while incorporating mandatory risk disclosures and consumer protections required under Australian law. This type of facility requires careful documentation due to its complexity and the potential risks involved in margin lending.

1. Parties: Identification of the lender and borrower, including ABN/ACN and address details

2. Background: Context of the agreement, including the borrower's request for margin lending facility and the lender's agreement to provide it

3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement, including financial terms like 'Margin Call', 'Loan to Value Ratio', and 'Approved Securities'

4. The Facility: Details of the margin lending facility, including limit, purpose, and availability

5. Interest and Fees: Interest calculation method, rates, payment frequency, and applicable fees

6. Security Arrangements: Terms regarding the pledging of securities as collateral, including maintenance of the loan to value ratio

7. Margin Calls: Comprehensive provisions regarding margin calls, including triggers, notification procedures, and required actions

8. Representations and Warranties: Standard and specific representations and warranties from the borrower

9. Borrower Undertakings: Ongoing obligations of the borrower, including financial covenants and information requirements

10. Events of Default: Comprehensive list of events that constitute default and their consequences

11. Enforcement Rights: Lender's rights and powers upon default, including power of sale of secured assets

12. General Provisions: Standard boilerplate clauses including notices, assignments, amendments, and governing law