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Margin Loan Agreement for Malaysia

Margin Loan Agreement Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes the terms and conditions under which a financial institution provides credit facilities to investors for securities trading, secured by a portfolio of eligible securities. The agreement incorporates requirements under the Capital Markets and Services Act 2007 and relevant Securities Commission Malaysia guidelines, detailing margin maintenance requirements, collateral arrangements, rights and obligations of parties, and enforcement mechanisms in compliance with Malaysian financial regulations.

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What is a Margin Loan Agreement?

The Margin Loan Agreement is a crucial document used in Malaysian securities trading and investment activities when investors seek to leverage their existing securities portfolio to obtain financing. This agreement, regulated under Malaysian financial services and securities laws, establishes the legal framework for margin lending facilities, detailing how investors can borrow funds against their securities portfolio while maintaining specified margin ratios. The document addresses key aspects such as facility limits, margin calls, collateral requirements, and enforcement rights, ensuring compliance with Malaysian regulatory requirements including those set by the Securities Commission and Bursa Malaysia. It is particularly relevant in scenarios where sophisticated investors or trading entities seek to expand their investment capabilities through leverage, while providing lenders with security and clear enforcement rights.

What sections should be included in a Margin Loan Agreement?

1. Parties: Identification of the lender and borrower, including registration details 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 and Interpretation: Definitions of key terms including Margin Ratio, Collateral, Margin Call, and other technical terms used in the agreement

4. Facility Terms: Details of the margin facility including limit, purpose, and availability period

5. Interest and Fees: Interest calculation method, rates, compounding periods, and applicable fees

6. Margin Requirements: Maintenance margin requirements, margin ratio calculations, and margin call procedures

7. Collateral Arrangements: Requirements for collateral, types of acceptable securities, and valuation methods

8. Representations and Warranties: Standard and specific representations by the borrower regarding their capacity and authority

9. Covenants: Ongoing obligations of the borrower including maintaining margin requirements and providing information

10. Events of Default: Circumstances constituting default and consequences thereof

11. Enforcement Rights: Lender's rights upon default including selling collateral and enforcement procedures

12. Payments and Calculations: Payment mechanics, calculation periods, and payment priorities

13. Communications: Methods and timing of communications, especially for margin calls

14. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and notices

What sections are optional to include in a Margin Loan Agreement?

1. Guarantee: Required when a third party guarantor is providing additional security for the margin facility

2. Multiple Currencies: Needed when the facility allows for multiple currency drawings and calculations

3. Electronic Trading Platform: Required when the margin facility is linked to specific trading platforms

4. Joint Account Provisions: Necessary when the borrower consists of multiple persons holding a joint account

5. Islamic Banking Provisions: Required when the margin facility needs to be Shariah-compliant

6. Cross-Default Provisions: Optional provisions linking defaults under other facilities or arrangements

What schedules should be included in a Margin Loan Agreement?

1. Facility Terms Schedule: Detailed commercial terms including facility limit, interest rates, and fees

2. Acceptable Collateral Schedule: List of acceptable securities and their respective margin ratios

3. Margin Maintenance Requirements: Detailed calculations and examples of margin maintenance requirements

4. Form of Margin Call Notice: Standard form for issuing margin calls

5. Security Documents: Forms of charge over securities and other security documents

6. Fee Schedule: Detailed breakdown of all applicable fees and charges

7. Authorized Signatories: List of persons authorized to operate the account and receive margin calls

Authors

Alex Denne

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

Jurisdiction

Malaysia

Publisher

Ƶ

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions













































Clauses






























Relevant Industries

Banking

Financial Services

Securities Trading

Investment Management

Wealth Management

Brokerage Services

Asset Management

Private Banking

Relevant Teams

Legal

Compliance

Risk Management

Credit

Wealth Management

Operations

Trading

Portfolio Management

Client Relations

Documentation

Relevant Roles

Legal Counsel

Compliance Officer

Risk Manager

Credit Officer

Relationship Manager

Investment Advisor

Securities Trader

Portfolio Manager

Financial Controller

Operations Manager

Credit Risk Analyst

Legal Documentation Specialist

Regulatory Compliance 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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