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Margin Lending Agreement
I need a Margin Lending Agreement for use with institutional investors in the UAE, specifically incorporating SCA's latest margin trading regulations and including provisions for multi-currency trading with a minimum facility size of AED 10 million.
1. Parties: Identification of the lender and borrower, including full legal names, addresses, and registration details
2. Background: Context of the agreement, including the lender's authority to provide margin lending services and the borrower's intention to obtain margin financing
3. Definitions and Interpretation: Comprehensive definitions of terms used in the agreement, including technical terms related to margin lending, collateral, and market terminology
4. Facility and Purpose: Details of the margin lending facility, including amount, purpose, and any restrictions on use
5. Margin Requirements: Specification of initial and maintenance margin requirements, calculation methodologies, and margin call procedures
6. Collateral Arrangements: Terms regarding the provision, maintenance, and administration of collateral, including types of acceptable collateral
7. Drawdown and Repayment: Procedures and conditions for drawdown of the facility and requirements for repayment
8. Interest and Fees: Details of interest calculations, fees, charges, and payment terms
9. Representations and Warranties: Standard and specific representations and warranties from both parties
10. Covenants: Positive and negative covenants applicable to the borrower
11. Events of Default: Comprehensive list of events that constitute default and consequences thereof
12. Enforcement Rights: Lender's rights and remedies upon default, including liquidation of collateral
13. Risk Disclosure: Mandatory risk warnings and acknowledgments as required by UAE regulations
14. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
15. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for disputes
1. Islamic Finance Compliance: Required when the facility needs to be Shariah-compliant, including relevant structure and principles
2. Additional Services: Include when the lender provides related services such as custody or trading services
3. Foreign Currency Provisions: Required when margin lending involves multiple currencies
4. Electronic Trading Platform: Include when margin lending is connected to an electronic trading platform
5. Guarantee and Security: Required when additional third-party guarantees or security are provided
6. Joint Account Provisions: Include when the borrower is more than one person operating a joint account
7. Special Client Categories: Additional provisions required for specific client categories (e.g., institutional clients, retail clients)
1. Schedule 1 - Facility Terms: Detailed commercial terms including facility amount, interest rates, fees, and margin requirements
2. Schedule 2 - Acceptable Collateral: List of acceptable types of collateral and their respective margin values
3. Schedule 3 - Margin Calculation Methodology: Detailed explanation of how margins are calculated, including formulae and examples
4. Schedule 4 - Fee Schedule: Comprehensive list of all applicable fees and charges
5. Schedule 5 - Account Opening Forms: Required account opening documentation and KYC forms
6. Schedule 6 - Risk Disclosure Statement: Detailed risk warnings and disclosures as required by UAE regulations
7. Appendix A - Standard Forms: Templates for margin calls, drawdown notices, and other standard communications
8. Appendix B - Authorized Persons: List of persons authorized to act on behalf of the borrower
Authors
Banking
Financial Services
Investment Management
Securities Trading
Wealth Management
Brokerage Services
Asset Management
Private Banking
Investment Banking
Retail Banking
Legal
Compliance
Risk Management
Credit
Operations
Trading
Wealth Management
Client Relations
Treasury
Finance
Chief Risk Officer
Legal Counsel
Compliance Officer
Credit Manager
Relationship Manager
Investment Advisor
Trading Manager
Operations Manager
Portfolio Manager
Risk Analyst
Credit Analyst
Legal Director
Compliance Manager
Treasury Manager
Financial Controller
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