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Securities Account Control Agreement Template for Malaysia

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Key Requirements PROMPT example:

Securities Account Control Agreement

"I need a Securities Account Control Agreement for a margin lending facility where ABC Bank will be the secured party over a securities account held by XYZ Investment Holdings with Standard Securities Berhad as the securities intermediary, with the agreement to take effect from March 1, 2025."

Document background
The Securities Account Control Agreement is a crucial document in secured financing transactions under Malaysian law, typically used when securities accounts are pledged as collateral. This agreement is essential for creating and perfecting a security interest in a securities account, enabling the secured party to exercise control over the account in accordance with Malaysian securities regulations, particularly the Capital Markets and Services Act 2007. The document establishes the rights and obligations of all parties involved, including the account holder who grants the security interest, the secured party who receives it, and the securities intermediary who maintains the account. It is commonly used in various financing arrangements, including margin lending, secured credit facilities, and structured finance transactions, and must comply with both Malaysian securities regulations and general contract law principles.
Suggested Sections

1. Parties: Identifies the account holder, secured party, and securities intermediary as parties to the agreement

2. Background: Explains the context of the agreement, including reference to any underlying security agreement and the securities account details

3. Definitions: Defines key terms used throughout the agreement, including 'Control Instructions', 'Entitlement Orders', 'Securities Account', etc.

4. Account Control Arrangements: Establishes the control mechanism and rights of the secured party over the securities account

5. Securities Intermediary's Rights and Obligations: Details the obligations of the securities intermediary regarding control instructions and account operations

6. Account Holder's Rights and Obligations: Specifies the account holder's continuing rights and restrictions regarding the securities account

7. Secured Party's Rights and Obligations: Outlines the secured party's rights to give instructions and its obligations regarding the account

8. Representations and Warranties: Contains standard representations and warranties from all parties

9. Priority of Security Interest: Establishes the priority of the secured party's interest and subordination of other claims

10. Notices: Specifies how formal notices must be given between parties

11. Events of Default: Defines events triggering enforcement rights

12. Termination: Outlines conditions and process for terminating the agreement

13. Miscellaneous: Contains standard boilerplate provisions including governing law, jurisdiction, amendments, etc.

Optional Sections

1. Fees and Expenses: Required if the securities intermediary charges fees for maintaining the control arrangement or if there are specific expense allocation provisions

2. Tax Provisions: Needed if there are specific tax implications or withholding requirements for the account

3. Foreign Law Considerations: Required if the securities or any party is subject to foreign law requirements

4. Electronic Communications: Optional section detailing procedures for electronic instructions and communications if permitted

5. Multiple Secured Parties: Required if there is more than one secured party with rights over the account

6. Regulatory Compliance: Needed if specific regulatory requirements apply to any party or the securities

Suggested Schedules

1. Securities Account Details: Schedule listing the specific securities account(s) covered by the agreement

2. Authorized Persons: List of persons authorized to give instructions on behalf of the secured party and account holder

3. Form of Notice of Exclusive Control: Template notice to be used when secured party exercises exclusive control

4. Operating Procedures: Detailed procedures for giving and acting on control instructions

5. Fee Schedule: If applicable, schedule of fees charged by the securities intermediary

6. Form of Monthly Statement: Template for monthly account statements to be provided by the securities intermediary

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
































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Relevant Industries

Banking

Financial Services

Investment Management

Securities Trading

Asset Management

Corporate Finance

Private Equity

Hedge Funds

Insurance

Investment Banking

Relevant Teams

Legal

Compliance

Securities Operations

Risk Management

Treasury

Corporate Finance

Investment Management

Credit Risk

Trading Operations

Custody Operations

Financial Control

Regulatory Reporting

Relevant Roles

Legal Counsel

Compliance Officer

Securities Operations Manager

Account Manager

Relationship Manager

Risk Manager

Treasury Manager

Chief Financial Officer

Corporate Finance Manager

Investment Manager

Portfolio Manager

Credit Risk Officer

Securities Trading Manager

Custodian Operations Manager

Legal Director

Compliance Director

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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