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Margin Agreement Template for United States

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Key Requirements PROMPT example:

Margin Agreement

"Need a Margin Agreement for our hedge fund client that includes portfolio margining provisions and covers both domestic and international securities trading, with specific attention to rehypothecation rights and cross-currency margin calculations."

Document background
The Margin Agreement serves as the foundational document for margin lending relationships in U.S. securities markets. This contract type is essential whenever a broker-dealer extends credit to customers for securities trading, establishing the framework for borrowing against securities collateral. It ensures compliance with Federal Reserve Regulation T, SEC rules, and FINRA requirements while protecting both parties' interests. The agreement becomes necessary when customers wish to trade on margin or engage in short selling, and includes crucial provisions for margin maintenance, collateral management, and default scenarios.
Suggested Sections

1. Parties: Identification of the broker/dealer and customer

2. Background: Purpose of the agreement and relationship context

3. Definitions: Key terms including Margin, Collateral, Margin Call, etc.

4. Margin Requirements: Initial and maintenance margin requirements, calculation methods

5. Collateral Provisions: Types of acceptable collateral, valuation, substitution rights

6. Margin Calls: Process for margin calls, timing, method of delivery

7. Events of Default: Circumstances constituting default and consequences

8. Close-out and Netting: Rights and procedures for closing positions and netting

9. Representations and Warranties: Standard legal assurances from both parties

10. Governing Law: Applicable law and jurisdiction

Optional Sections

1. Cross-Default: Additional provisions linking defaults under other agreements between the parties

2. Prime Brokerage Provisions: Special terms and conditions applicable for prime brokerage services

3. Portfolio Margining: Specific terms and methodology for portfolio-based margin calculation

4. Foreign Currency Provisions: Terms governing margin calculations and collateral in multiple currencies

Suggested Schedules

1. Schedule of Eligible Collateral: Detailed list of acceptable collateral types and applicable haircuts

2. Margin Calculation Methodology: Detailed explanation of margin calculation methods and formulas

3. Risk Disclosure Statement: Required regulatory disclosures regarding margin trading risks

4. Contact Information: List of authorized personnel and contact details for margin-related communications

5. Form of Margin Call Notice: Template for margin call notifications and response requirements

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

Clauses






























Relevant Industries

Financial Services

Investment Management

Securities Trading

Wealth Management

Relevant Teams

Legal Department

Compliance Team

Risk Management

Trading Desk

Operations

Credit Department

Relevant Roles

Chief Risk Officer

Compliance Officer

Trading Manager

Legal Counsel

Credit Manager

Operations Manager

Industries

Securities Exchange Act of 1934: Primary federal legislation governing securities trading, establishing SEC authority and regulatory framework for securities markets

Federal Reserve Regulation T: 12 CFR 220 - Regulation governing extension of credit by brokers and dealers, including margin requirements and account types

FINRA Rule 4210: Comprehensive margin requirements regulation by FINRA, detailing margin levels, maintenance requirements, and risk management standards

FINRA Rule 2264: Requirements for margin disclosure statements, ensuring clients understand risks associated with margin trading

Commodity Exchange Act: Federal law regulating trading of commodity futures, including margin requirements for futures and options

CFTC Regulation 1.17: Minimum financial requirements for futures commission merchants and introducing brokers

Dodd-Frank Act: Comprehensive financial reform legislation including requirements for cleared and uncleared swaps, margin requirements for swap dealers

UCC Article 8: Uniform Commercial Code provisions governing investment securities, including transfer and pledge of securities

UCC Article 9: Uniform Commercial Code provisions governing secured transactions, including security interests in financial assets

Federal Bankruptcy Code: Provisions relating to closeout netting and treatment of secured transactions in bankruptcy scenarios

Bank Holding Company Act: Federal legislation governing banking institutions and their activities, including margin lending

Blue Sky Laws: State-specific securities laws that vary by jurisdiction and govern securities transactions within each state

SEC Rule 10b-5: Anti-fraud provisions prohibiting deceptive practices in connection with securities trading

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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