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Stock Collateral Loan Agreement

Stock Collateral Loan Agreement Template for Australia

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Key Requirements PROMPT example:

Stock Collateral Loan Agreement

"I need a Stock Collateral Loan Agreement under Australian law for a corporate borrower using ASX-listed shares as security, with a margin call requirement of 80% LVR and voting rights remaining with the borrower until default."

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Document background
The Stock Collateral Loan Agreement is a specialized financial instrument used in the Australian market when a borrower seeks to obtain financing using their stockholdings as security. This agreement is particularly valuable for shareholders who need to access liquidity without disposing of their shareholdings, or for investors seeking to leverage their investment portfolio. The document comprehensively addresses both the lending and security aspects of the transaction, incorporating requirements under Australian law, particularly the Corporations Act 2001 and the Personal Property Securities Act 2009. It includes detailed provisions for valuation of the collateral, margin maintenance, enforcement rights, and the handling of corporate actions affecting the secured shares. The agreement is structured to comply with Australian regulatory requirements while providing clear mechanisms for both parties to manage their rights and obligations throughout the loan term.
Suggested Sections

1. Parties: Identifies and defines the lender, borrower, and any guarantors or security providers

2. Background: Sets out the context of the agreement, including the purpose of the loan and the nature of the collateral

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles for the agreement

4. Loan Facility: Details of the loan amount, purpose, drawdown conditions, and repayment terms

5. Interest and Fees: Specifies interest rates, calculation methods, and any applicable fees

6. Security Arrangements: Details of the stock collateral, perfection requirements, and PPSA provisions

7. Representations and Warranties: Key statements and guarantees made by the borrower regarding their capacity and the collateral

8. Undertakings: Ongoing obligations of the borrower regarding the collateral and loan compliance

9. Events of Default: Circumstances constituting default and consequences thereof

10. Enforcement Rights: Lender's rights and remedies upon default, including dealing with the collateral

11. PPSA Provisions: Specific provisions required under the Personal Property Securities Act

12. General Provisions: Standard clauses covering notices, amendments, governing law, etc.

Optional Sections

1. Guarantees: Required when there are third-party guarantors securing the loan obligations

2. Margin Calls: Needed when the agreement includes provisions for maintaining a specific loan-to-value ratio

3. Dividend and Voting Rights: Specifies arrangements for handling dividends and voting rights while shares are held as collateral

4. Multiple Borrowers: Additional provisions when there are multiple borrowers sharing liability

5. Foreign Currency Provisions: Required when the loan or collateral involves foreign currency

6. Credit Rating Triggers: Included when loan terms are linked to credit rating changes

7. Anti-Money Laundering Compliance: Detailed AML/CTF obligations when required by the nature of the parties

8. Privacy and Data Protection: Extended privacy provisions when dealing with sensitive information or cross-border data transfers

Suggested Schedules

1. Schedule 1 - Loan Details: Specific details of the loan facility including amounts, interest rates, and payment dates

2. Schedule 2 - Collateral Schedule: Detailed description of the stock collateral including number of shares, class, and issuing company

3. Schedule 3 - Conditions Precedent: List of conditions that must be satisfied before drawdown

4. Schedule 4 - Drawdown Notice: Form of notice to be used for requesting loan drawdowns

5. Schedule 5 - Compliance Certificate: Template for periodic compliance certification by the borrower

6. Schedule 6 - Authorized Representatives: List of persons authorized to act on behalf of each party

7. Appendix A - Calculation Methods: Detailed methods for calculating interest, margins, and financial ratios

8. Appendix B - Form of Transfer Documents: Templates for share transfer forms and other security documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions



















































Clauses




































Relevant Industries

Financial Services

Banking

Investment Management

Securities Trading

Wealth Management

Corporate Finance

Private Equity

Asset Management

Professional Services

Legal Services

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Credit

Wealth Management

Securities Operations

Corporate Finance

Investment Management

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Investment Manager

Credit Manager

Risk Manager

Compliance Officer

Treasury Manager

Portfolio Manager

Wealth Advisor

Securities Officer

Lending Manager

Transaction Manager

Security Trustee Officer

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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