Margin Loan Agreement for India

Margin Loan Agreement Template for India

A comprehensive legal agreement governed by Indian law that establishes the terms and conditions for providing credit facilities against securities as collateral. The agreement details margin requirements, maintenance obligations, rights and obligations of parties, default scenarios, and enforcement mechanisms, all while adhering to SEBI's Margin Trading Facility Guidelines and RBI regulations. It includes specific provisions for collateral valuation, margin calls, liquidation procedures, and risk management protocols that are compliant with Indian securities and banking regulations.

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What is a Margin Loan Agreement?

The Margin Loan Agreement is essential for financial institutions providing credit facilities against securities in India. It is used when investors seek leverage for their securities portfolio while maintaining compliance with regulatory requirements. The agreement must conform to SEBI's Margin Trading Facility Guidelines and RBI regulations, establishing clear parameters for margin maintenance, collateral requirements, and default procedures. It includes comprehensive provisions for risk management, including specific trigger events for margin calls and liquidation procedures. This document is particularly crucial in the Indian context where margin trading is subject to strict regulatory oversight and specific compliance requirements.

What sections should be included in a Margin Loan Agreement?

1. Parties: Identification of the lender (financial institution) and borrower, including their registered addresses and regulatory details

2. Background: Context of the margin lending facility, purpose, and regulatory framework under which it is provided

3. Definitions: Detailed definitions of terms including Margin Requirements, Eligible Securities, Maintenance Margin, Margin Call, etc.

4. Facility Terms: Details of the margin loan facility including amount, purpose, duration, and drawdown conditions

5. Interest and Fees: Interest rate, calculation method, payment schedule, and applicable fees

6. Security and Collateral: Details of securities pledged, collateral requirements, and maintenance margin obligations

7. Margin Maintenance: Specific requirements for maintaining margin levels, valuation methods, and margin call procedures

8. Representations and Warranties: Standard and specific representations by borrower regarding capacity, authority, and compliance

9. Covenants: Ongoing obligations of the borrower including financial covenants and reporting requirements

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

11. Enforcement Rights: Lender's rights upon default including liquidation of collateral

12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction details

What sections are optional to include in a Margin Loan Agreement?

1. Multiple Currency Provisions: Required when margin facility is offered in multiple currencies

2. Group Company Guarantees: Needed when corporate guarantees are part of the security structure

3. Electronic Trading Platform Integration: Required when margin facility is linked to specific trading platforms

4. Cross-Default Provisions: Included when borrower has multiple facilities with the lender

5. Special Regulatory Compliance: Required for specific categories of borrowers (e.g., FPIs, mutual funds)

What schedules should be included in a Margin Loan Agreement?

1. Schedule 1 - Eligible Securities: List of securities acceptable as collateral and their respective margin requirements

2. Schedule 2 - Margin Maintenance Requirements: Detailed calculations and thresholds for margin maintenance

3. Schedule 3 - Fee Schedule: Detailed breakdown of all applicable fees and charges

4. Schedule 4 - Form of Margin Call Notice: Standard format for margin call notifications

5. Schedule 5 - Security Documents: List and copies of all security documents

6. Appendix A - Account Operating Procedures: Detailed procedures for account operation and margin maintenance

7. Appendix B - Risk Disclosure Statement: Mandatory risk disclosures as per SEBI requirements

Authors

Alex Denne

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

Jurisdiction

India

Publisher

Genie AI

Document Type

Finance Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking

Financial Services

Investment Banking

Securities Trading

Wealth Management

Asset Management

Broking Services

Private Banking

Relevant Teams

Legal

Compliance

Risk Management

Credit

Trading

Operations

Client Relations

Financial Control

Regulatory Affairs

Relevant Roles

Legal Counsel

Compliance Officer

Risk Manager

Credit Officer

Relationship Manager

Investment Advisor

Trading Manager

Portfolio Manager

Operations Manager

Financial Controller

Chief Risk Officer

Head of Credit

Regulatory Affairs Manager

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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