Margin Loan Agreement Template for Nigeria

The Margin Loan Agreement is essential for financial institutions providing leverage to clients for securities trading in Nigeria. This document is used when a lender extends credit against a portfolio of eligible securities as collateral, enabling borrowers to enhance their trading capacity. The agreement must comply with Nigerian regulatory requirements, including the Banks and Other Financial Institutions Act (BOFIA) 2020, Central Bank of Nigeria regulations, and Securities and Exchange Commission rules. It typically includes detailed provisions for margin maintenance, collateral requirements, risk management procedures, and default remedies. The document becomes necessary when clients seek trading leverage while providing securities as collateral, and it protects both the lender's interests and ensures regulatory compliance in Nigeria's financial markets.

1. Parties: Identification of the lender (financial institution) and borrower, including full legal names and addresses

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

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Margin Ratio', 'Collateral', 'Market Value', 'Margin Call'

4. Facility: Details of the margin loan facility, including amount, purpose, and availability period

5. Interest and Fees: Interest rate, calculation method, payment schedule, and associated fees

6. Margin Requirements: Specification of initial and maintenance margin requirements, margin ratio calculations

7. Margin Calls: Procedures for margin calls, timing requirements, and consequences of non-compliance

8. Collateral: Requirements for eligible collateral, valuation methods, and custody arrangements

9. Representations and Warranties: Standard and specific representations by both parties

10. Covenants: Ongoing obligations of the borrower, including financial covenants and reporting requirements

11. Events of Default: Circumstances constituting default and consequences

12. Enforcement Rights: Lender's rights upon default, including collateral liquidation procedures

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

14. Miscellaneous: Standard boilerplate provisions including notices, amendments, governing law