Margin Agreement Template for Malaysia

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Key Requirements PROMPT example:

Margin Agreement

"I need a Margin Agreement under Malaysian law for a retail brokerage firm offering margin trading services to high-net-worth individuals, with specific provisions for multi-currency trading and electronic trading platform integration."

Document background
The Margin Agreement serves as the primary contractual document governing margin trading relationships in the Malaysian financial market. It is essential for financial institutions offering margin facilities and clients seeking to trade securities using borrowed funds. The agreement must comply with Malaysian financial regulations, including the Capital Markets and Services Act 2007 and Securities Commission guidelines, while potentially incorporating Islamic finance principles where required. This document typically covers credit limits, margin requirements, collateral arrangements, risk disclosures, and default procedures. It's particularly important in the context of Malaysian market practices, where both conventional and Islamic financial systems operate in parallel. The agreement provides protection for both the lending institution and the borrower by clearly defining rights, obligations, and risk management procedures.
Suggested Sections

1. Parties: Identification of the margin facility provider and the client, including registration details and addresses

2. Background: Context of the agreement, purpose of the margin facility, and regulatory framework

3. Definitions: Definitions of technical terms, including margin requirements, collateral, margin call, and events of default

4. Facility Terms: Core terms of the margin facility, including credit limit, margin ratio, and interest rates

5. Margin Requirements: Calculation of margin requirements, maintenance margin levels, and margin call procedures

6. Collateral Arrangements: Terms regarding posting, maintaining, and withdrawing collateral, including eligible collateral types

7. Rights and Obligations: Detailed responsibilities of both parties, including reporting requirements and communications

8. Events of Default: Definition of default events and consequences, including liquidation rights

9. Risk Disclosure: Mandatory risk warnings and acknowledgments

10. Representations and Warranties: Standard legal representations by both parties

11. Termination: Conditions and procedures for termination of the agreement

12. Governing Law and Jurisdiction: Specification of Malaysian law and jurisdiction

Optional Sections

1. Shariah Compliance: Required for Islamic margin facilities, specifying compliance with Shariah principles

2. Electronic Trading Provisions: Required if margin facility is linked to electronic trading platform

3. Additional Services: Optional provisions for related services such as research, advisory, or custodial services

4. Foreign Currency Provisions: Required for cross-border transactions or multi-currency facilities

5. Retail Client Protections: Additional protections required for retail clients under Malaysian regulations

6. Joint Account Provisions: Required for joint account holders

7. Force Majeure: Optional provisions for extraordinary market events or circumstances

Suggested Schedules

1. Schedule 1: Facility Parameters: Detailed terms including credit limit, interest rates, margin ratios, and fees

2. Schedule 2: Eligible Collateral: List of acceptable collateral types and their respective haircuts

3. Schedule 3: Margin Calculation Methodology: Detailed methodology for calculating initial and maintenance margin requirements

4. Schedule 4: Operating Procedures: Detailed procedures for margin calls, collateral deposits/withdrawals, and communications

5. Schedule 5: Risk Disclosure Statement: Detailed risk disclosures as required by Malaysian regulations

6. Schedule 6: Fee Schedule: Comprehensive list of all applicable fees and charges

7. Appendix A: Account Opening Forms: Standard forms required for account opening and regulatory compliance

8. Appendix B: Authorized Persons: List of persons authorized to act on behalf of the client

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Financial Services

Banking

Securities Trading

Investment Management

Wealth Management

Brokerage Services

Asset Management

Islamic Finance

Capital Markets

Relevant Teams

Legal

Compliance

Risk Management

Credit

Trading

Operations

Client Services

Islamic Banking

Portfolio Management

Treasury

Relevant Roles

Chief Risk Officer

Compliance Officer

Legal Counsel

Credit Risk Manager

Margin Trading Manager

Relationship Manager

Trading Manager

Portfolio Manager

Credit analyst

Risk Analyst

Compliance Manager

Operations Manager

Islamic Finance Specialist

Securities Trading Officer

Client Service Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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