The Margin Lending Agreement serves as the primary legal document governing credit facilities provided by financial institutions to investors for securities trading in the Philippines. This agreement is essential when investors seek to leverage their investment positions by borrowing against their existing portfolio of securities. The document must comply with the Securities Regulation Code (Republic Act No. 8799), BSP regulations, and other relevant Philippine financial regulations. It establishes the framework for the lending relationship, including crucial elements such as margin requirements, collateral provisions, interest rates, and default procedures. The agreement is particularly important given the increasing sophistication of the Philippine financial markets and the growing demand for margin trading facilities. It incorporates specific provisions required by Philippine regulators to ensure adequate risk management and investor protection, while providing clarity on the rights and obligations of all parties involved in margin lending transactions.
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1. Parties: Identification of the lender and borrower with complete legal names and addresses
2. Background: Context of the agreement and purpose of the margin lending facility
3. Definitions and Interpretation: Detailed definitions of terms used in the agreement and rules of interpretation
4. Facility and Purpose: Details of the margin lending facility, including credit limit and permitted purposes
5. Margin Requirements: Specification of initial and maintenance margin requirements, margin calls, and calculation methods
6. Security and Collateral: Terms regarding the provision and maintenance of collateral, including types of acceptable securities
7. Drawing and Repayment: Procedures for drawing down the facility and requirements for repayment
8. Interest and Fees: Interest calculation method, rates, fees, and payment terms
9. Client Obligations: Key obligations of the borrower including maintaining margin requirements and providing information
10. Representations and Warranties: Standard and specific representations and warranties from both parties
11. Events of Default: Comprehensive list of events constituting default and consequences
12. Enforcement Rights: Lender's rights and remedies in case of default or margin call non-compliance
13. Term and Termination: Duration of the agreement and circumstances for termination
14. Notices: Methods and requirements for formal communications between parties
15. General Provisions: Standard legal provisions including governing law, jurisdiction, and amendments
1. Electronic Trading Platform: Terms specific to electronic trading platforms when facility is provided through online systems
2. Foreign Currency Transactions: Additional terms for margin lending involving foreign currencies
3. Multiple Account Provisions: Terms for clients maintaining multiple accounts or sub-accounts
4. Institutional Client Terms: Special provisions applicable only to institutional clients
5. Nominee and Custody Arrangements: Terms regarding custody arrangements when the lender acts as custodian
6. Risk Disclosure Statement: Additional risk disclosures required for retail clients
7. Portfolio Management: Terms for managed accounts where applicable
1. Schedule 1 - Approved Securities: List of securities acceptable as collateral and their respective margin values
2. Schedule 2 - Fee Schedule: Detailed breakdown of all applicable fees, charges, and interest rates
3. Schedule 3 - Margin Requirements: Detailed margin requirements for different types of securities and market conditions
4. Schedule 4 - Account Opening Forms: Required forms and documentation for account opening
5. Schedule 5 - Risk Disclosure Statement: Detailed risk disclosures as required by Philippine regulations
6. Appendix A - Trading Platform Terms: Specific terms and conditions for electronic trading platform usage
7. Appendix B - Calculation Methods: Detailed explanation of margin calculation methods and examples
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Securities Trading
Investment Management
Wealth Management
Brokerage Services
Asset Management
Corporate Finance
Private Banking
Relevant Teams
Legal
Compliance
Risk Management
Credit
Trading
Operations
Client Services
Finance
Internal Audit
Settlements
Account Management
Product Development
Relevant Roles
Chief Risk Officer
Compliance Officer
Legal Counsel
Credit Manager
Investment Advisor
Portfolio Manager
Trading Manager
Account Executive
Relationship Manager
Risk Analyst
Compliance Analyst
Credit Analyst
Operations Manager
Settlement Officer
Client Services Manager
Financial Controller
Chief Legal Officer
Chief Compliance Officer
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