The Margin Loan Agreement is a specialized financial contract used in New Zealand when a lender provides credit facilities secured against a portfolio of eligible securities. This document is essential when investors seek to leverage their existing investment portfolio to access additional funding for further investments or other purposes. The agreement must comply with New Zealand's regulatory framework, particularly the Financial Markets Conduct Act 2013 and Credit Contracts and Consumer Finance Act 2003. It includes crucial elements such as facility terms, margin requirements, risk disclosures, and enforcement provisions. The document is designed to protect both the lender's security interest and the borrower's rights while ensuring transparency and regulatory compliance in the margin lending relationship.
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1. Parties: Identification of the lender and borrower, including full legal names and addresses
2. Background: Context of the agreement, purpose of the margin loan facility, and relationship between parties
3. Definitions and Interpretation: Key terms used throughout the agreement, including financial terms, margin requirements, and technical definitions
4. Facility Details: Loan amount, purpose, term, and basic operational parameters of the margin loan
5. Interest and Fees: Interest calculation method, rates, payment frequency, and all applicable fees
6. Security Arrangements: Details of securities provided as collateral, including registration and maintenance requirements
7. Margin Requirements: Loan-to-value ratios, calculation methods, and maintenance requirements
8. Margin Calls: Triggers for margin calls, notification process, response timeframes, and consequences of non-compliance
9. Representations and Warranties: Standard and specific warranties from the borrower regarding capacity, authority, and understanding of risks
10. Borrower Obligations: Ongoing obligations including maintaining margin requirements, providing information, and compliance with laws
11. Events of Default: Circumstances constituting default and consequences thereof
12. Enforcement Rights: Lender's rights upon default, including power of sale and application of proceeds
13. General Provisions: Standard contractual provisions including notices, amendments, assignments, and governing law
1. Guarantees: Required when there is a third-party guarantor for the margin loan obligations
2. Multiple Borrowers: Additional provisions needed when there are joint borrowers
3. Internet Trading Platform: Terms relating to online trading platform access and usage if provided
4. Foreign Currency Provisions: Required when the facility allows for multiple currency positions or foreign currency trading
5. Sophisticated Investor Provisions: Additional terms applicable when the borrower qualifies as a wholesale or sophisticated investor
6. Nominee Arrangements: Required when securities are held by a nominee company
7. Portfolio Management: Optional terms for managed portfolio services if offered alongside the margin loan
1. Facility Terms Schedule: Detailed terms of the facility including limits, interest rates, and fees
2. Approved Securities List: List of securities accepted as collateral and their respective margin requirements
3. Fee Schedule: Comprehensive breakdown of all fees and charges applicable to the facility
4. Risk Disclosure Statement: Detailed disclosure of risks associated with margin lending as required by regulations
5. Security Registration Forms: Forms required for registering security interests over collateral
6. Direct Debit Authority: Authorization for automatic payment arrangements
7. Guarantee and Indemnity: Standard form of guarantee if applicable
8. Specimen Signature Form: Authentication of authorized signatories for account operation
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