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Margin Loan Agreement
"I need a Margin Loan Agreement for an Indonesian corporate borrower who will be using listed IDX securities as collateral, with a facility limit of IDR 5 billion and implementation date of March 1, 2025; the agreement should include multi-currency provisions and electronic trading platform integration."
1. Parties: Identification of the lender (financial institution) and borrower, including their complete legal names, addresses, and registration details
2. Background: Context of the agreement, including the borrower's request for margin facility and lender's agreement to provide it
3. Definitions and Interpretation: Definitions of key terms including Margin Loan, Collateral, Margin Call, Loan to Value Ratio, and other technical terms
4. Facility and Purpose: Details of the margin loan facility, including amount, purpose, and conditions precedent
5. Interest and Fees: Interest rate, calculation method, payment schedule, and applicable fees
6. Security Arrangements: Details of collateral requirements, pledging process, and maintenance requirements
7. Margin Requirements: Specification of initial margin, maintenance margin requirements, and margin ratio calculations
8. Margin Calls: Procedures for margin calls, timeframes for response, and consequences of non-compliance
9. Representations and Warranties: Standard and specific representations by borrower regarding their capacity, understanding of risks, and compliance
10. Covenants: Ongoing obligations of the borrower including maintaining collateral value and providing information
11. Events of Default: Circumstances constituting default and consequences thereof
12. Enforcement Rights: Lender's rights upon default including liquidation of collateral
13. Notices: Communication procedures and contact details for margin calls and other notices
14. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Multi-currency Provisions: Include when the facility allows for multiple currencies, specifying exchange rate mechanisms and currency risk management
2. Group Account Provisions: Include when the borrower has multiple accounts or affiliated entities covered under the agreement
3. Electronic Trading Platform: Include when margin loan is connected to specific trading platforms or electronic systems
4. Sophisticated Investor Declaration: Include when dealing with high-net-worth individuals or professional investors with modified consumer protection requirements
5. Islamic Banking Provisions: Include when offering Shariah-compliant margin financing products
6. Guarantee and Indemnity: Include when there are third-party guarantors for the margin loan
1. Facility Terms Schedule: Detailed commercial terms including facility limit, interest rates, fees, and margin ratios
2. Eligible Collateral Schedule: List of acceptable securities/assets as collateral and their respective lending values
3. Fee Schedule: Detailed breakdown of all applicable fees and charges
4. Margin Call Procedures: Detailed procedures and timelines for margin calls and liquidation processes
5. Form of Drawdown Notice: Standard form for requesting drawdown under the facility
6. Form of Security Documents: Templates for security documents including pledge agreements
7. Risk Disclosure Statement: Mandatory risk disclosures required by OJK regulations
8. Specimen Signatures: Authorized signatures for account operation and instructions
Authors
Banking
Financial Services
Securities Trading
Investment Management
Wealth Management
Retail Banking
Private Banking
Capital Markets
Asset Management
Stock Brokerage
Legal
Compliance
Risk Management
Credit
Wealth Management
Securities Trading
Documentation
Client Relations
Product Development
Operations
Credit Risk Manager
Legal Counsel
Compliance Officer
Relationship Manager
Investment Advisor
Securities Trading Manager
Credit Officer
Risk Assessment Officer
Portfolio Manager
Wealth Management Advisor
Regulatory Compliance Manager
Documentation Specialist
Account Manager
Financial Products Manager
Legal Documentation Officer
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