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Loan Against Shares Agreement for the United States

Loan Against Shares Agreement Template for United States

A Loan Against Shares Agreement is a legally binding document used in the United States that establishes the terms and conditions under which a lender provides funding to a borrower using shares as collateral. The agreement is governed by federal securities laws, including the Securities Act of 1933 and Securities Exchange Act of 1934, as well as state-specific regulations. It details the loan amount, interest rates, margin requirements, default provisions, and the mechanism for share transfer in case of default.

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Loan Against Shares Agreement

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What is a Loan Against Shares Agreement?

The Loan Against Shares Agreement is utilized when shareholders seek to leverage their equity holdings without selling their shares. This contract type is particularly relevant in the United States market, where it must comply with both federal securities regulations and state-specific requirements. The agreement typically includes detailed provisions for loan amount, interest rates, margin maintenance requirements, and procedures for share transfer in case of default. It's essential for situations where immediate liquidity is needed while maintaining long-term ownership of securities, and requires careful consideration of SEC regulations, UCC provisions, and Federal Reserve Board requirements regarding margin lending.

What sections should be included in a Loan Against Shares Agreement?

1. Parties: Identification of lender and borrower with full legal names and addresses

2. Background: Context of the loan arrangement and purpose

3. Definitions: Key terms used throughout the agreement including securities-related terminology

4. Loan Amount and Terms: Principal amount, interest rate, tenure, and repayment schedule

5. Security/Collateral: Details of shares being pledged, including quantity and company information

6. Representations and Warranties: Statements of fact by borrower regarding ownership and authority over shares

7. Covenants: Ongoing obligations of the borrower during the loan term

8. Events of Default: Circumstances constituting default and consequences

9. Enforcement Rights: Lender's rights and remedies upon default

10. Governing Law: Applicable jurisdiction and dispute resolution mechanisms

What sections are optional to include in a Loan Against Shares Agreement?

1. Margin Call Provisions: Terms for additional collateral requirements if share value decreases

2. Insurance: Requirements for insurance of collateral if applicable

3. Voting Rights: Provisions regarding voting rights of pledged shares during loan term

4. Dividend Rights: Treatment of dividends on pledged shares during loan term

5. Tax Provisions: Allocation of tax responsibilities and withholding requirements

What schedules should be included in a Loan Against Shares Agreement?

1. Schedule of Pledged Shares: Detailed list of shares including certificate numbers and quantities

2. Repayment Schedule: Detailed payment dates and amounts

3. Form of Share Transfer Form: Template for share transfer documentation

4. Form of Power of Attorney: Template for authority to transfer shares in event of default

5. Valuation Methodology: Agreed method for valuing shares for margin purposes

Authors

Alex Denne

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

Jurisdiction

United States

Document Type

Security Agreement

Cost

Free to use
Clauses






























Industries

Federal Securities Laws: Primary federal regulations including Securities Act of 1933, Securities Exchange Act of 1934, Regulation U (margin lending by banks), and Regulation T (margin lending by brokers)

Uniform Commercial Code: State-level uniform law, particularly Article 8 (Investment Securities) and Article 9 (Secured Transactions) governing security interests in shares

Federal Reserve Board Regulations: Regulations governing margin loans and loan-to-value ratio requirements for securities-based lending

State Securities Laws: State-specific securities regulations including Blue Sky Laws and state-level lending regulations that vary by jurisdiction

Consumer Protection Laws: Federal consumer protection legislation including Truth in Lending Act (TILA) and Fair Credit Reporting Act that ensure borrower rights

Banking Regulations: Federal and state-specific banking laws applicable to lenders, particularly if the lender is a regulated banking institution

Anti-Fraud Provisions: SEC Rule 10b-5 and state anti-fraud provisions designed to prevent securities fraud and market manipulation

Bankruptcy Code: Federal bankruptcy laws governing secured transactions and treatment of share collateral in bankruptcy proceedings

Tax Regulations: Internal Revenue Code provisions and state tax regulations affecting the tax treatment of share-based loans

KYC and AML Requirements: Bank Secrecy Act and USA PATRIOT Act requirements for customer verification and anti-money laundering compliance

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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