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Margin Loan Agreement
"I need a Margin Loan Agreement under Austrian law for a private banking relationship where our bank will provide a 鈧5 million facility to a high-net-worth individual, with a portfolio of European blue-chip stocks as collateral, to be effective from March 1, 2025."
1. Parties: Identification of the lender and borrower with full legal names and addresses
2. Background: Context of the agreement and general purpose of the margin loan facility
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and interpretation rules
4. Loan Facility: Details of the loan amount, purpose, and availability
5. Margin Requirements: Specification of initial and maintenance margin requirements, calculation methods
6. Interest and Fees: Interest rate provisions, calculation methods, and applicable fees
7. Collateral Arrangements: Terms regarding posting, maintaining, and valuing collateral
8. Representations and Warranties: Standard representations and warranties from both parties
9. Covenants: Ongoing obligations of the borrower including financial covenants
10. Margin Calls: Procedures for margin calls, timing, and consequences of non-compliance
11. Events of Default: Definition of events of default and consequences
12. Enforcement Rights: Lender's rights and remedies upon default
13. Payment Provisions: Terms for payments, prepayments, and payment mechanics
14. Term and Termination: Duration of the agreement and termination provisions
15. Notices: Communication procedures between parties
16. Governing Law and Jurisdiction: Confirmation of Austrian law governance and jurisdiction details
17. Miscellaneous: Standard boilerplate provisions including severability, amendments, etc.
1. Guarantees: Required when there is a third-party guarantor for the margin loan
2. Multi-currency Provisions: Include when the facility allows for multiple currencies
3. Tax Provisions: Detailed tax clauses when complex tax implications exist or for cross-border arrangements
4. Market Disruption: Provisions dealing with market disruption events, needed for larger facilities
5. Increased Costs: Provisions for regulatory changes affecting the lender's costs, typically for institutional lenders
6. Consumer Protection Clauses: Required when the borrower qualifies as a consumer under Austrian law
7. Electronic Trading Platform Terms: Include when the margin loan is connected to specific trading platforms
1. Schedule 1 - Eligible Collateral: List of acceptable collateral types and their respective margin requirements
2. Schedule 2 - Calculation of Margin: Detailed methodology for calculating initial and maintenance margin
3. Schedule 3 - Fee Schedule: Detailed breakdown of all applicable fees and charges
4. Schedule 4 - Form of Margin Call Notice: Standard form for margin call notifications
5. Schedule 5 - Account Details: Details of relevant trading and bank accounts
6. Appendix A - Risk Disclosures: Mandatory risk disclosures under Austrian financial regulations
7. Appendix B - Documentation Requirements: List of required documentation for account opening and maintenance
Authors
Banking
Financial Services
Investment Management
Wealth Management
Securities Trading
Asset Management
Private Banking
Corporate Finance
Investment Banking
Broker-Dealer Services
Fund Management
Private Equity
Legal
Compliance
Risk Management
Credit
Treasury
Operations
Investment Management
Documentation
Client Services
Regulatory Affairs
Portfolio Management
Trading
Securities Operations
Account Management
Relationship Manager
Credit Officer
Legal Counsel
Compliance Officer
Risk Manager
Portfolio Manager
Investment Advisor
Treasury Manager
Operations Manager
Credit Risk Analyst
Legal Documentation Specialist
Regulatory Compliance Manager
Private Banker
Investment Director
Chief Risk Officer
Head of Credit
Securities Operations Officer
Client Service Manager
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