The Margin Lending Agreement serves as the primary legal framework for extending credit facilities against securities collateral in Pakistan's financial markets. This document is essential when financial institutions provide leverage to investors for securities trading, establishing the terms, conditions, and obligations of both lender and borrower. The agreement must comply with Pakistani regulatory requirements, including SECP regulations, banking laws, and where applicable, Islamic banking principles. It details crucial aspects such as margin requirements, eligible collateral, maintenance obligations, and default procedures. The document becomes particularly important in Pakistan's evolving financial markets where both conventional and Islamic banking systems operate parallel, requiring careful consideration of both frameworks.
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1. Parties: Identification of the lender and borrower with full legal names and addresses
2. Background: Context of the agreement and purpose of the margin lending facility
3. Definitions: Definitions of key terms used throughout the agreement including Margin Ratio, Collateral, Margin Call, etc.
4. Facility Terms: Details of the margin lending facility including credit limit, interest rates, and tenure
5. Margin Requirements: Specifications for initial margin, maintenance margin, and margin call procedures
6. Collateral Arrangements: Terms regarding eligible collateral, valuation methods, and custody arrangements
7. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority
8. Borrower Covenants: Ongoing obligations of the borrower including maintaining margin requirements and providing information
9. Events of Default: Circumstances constituting default and consequences thereof
10. Enforcement Rights: Lender's rights and remedies upon default, including collateral liquidation
11. Interest and Fees: Detailed structure of interest calculations, fees, and charges
12. Payment Terms: Procedures and timelines for payments, including margin calls and interest payments
13. Term and Termination: Duration of the agreement and circumstances for termination
14. Notices: Communication procedures between parties
15. Governing Law and Jurisdiction: Specification of Pakistani law as governing law and jurisdiction for disputes
1. Online Trading Platform: Terms for using electronic trading platforms - include when online trading services are provided
2. Currency Provisions: Required when dealing with foreign currency denominated securities or multi-currency facilities
3. Joint Account Provisions: Include when the facility is provided to joint account holders
4. Islamic Banking Provisions: Required when offering Shariah-compliant margin financing
5. Risk Disclosure: Detailed risk warnings - mandatory for retail clients but optional for institutional clients
6. Custodian Arrangements: Include when a third-party custodian is involved
7. Agent Provisions: Required when dealing through authorized agents or investment managers
1. Schedule 1 - Eligible Securities: List of securities accepted as collateral and their margin values
2. Schedule 2 - Fee Schedule: Detailed breakdown of all applicable fees, charges, and interest rates
3. Schedule 3 - Margin Requirements: Detailed calculations and examples of margin requirements
4. Schedule 4 - Account Opening Forms: Required documentation for account opening and KYC
5. Schedule 5 - Operating Procedures: Detailed procedures for margin calls, payments, and trading
6. Appendix A - Risk Disclosure Statement: Detailed disclosure of risks associated with margin lending
7. Appendix B - Authorized Signatories: List of authorized persons who can operate the account
8. Appendix C - Compliance Declarations: Required regulatory declarations and confirmations
Relevant legal definitions
Account
Approved Securities
Available Credit
Business Day
Collateral
Credit Limit
Default Event
Eligible Margin Securities
Enforcement Event
Event of Default
Excess Margin
Facility
Force Majeure Event
Haircut
Initial Margin
Interest Period
Islamic Financing Rate
Lending Ratio
Loan
Maintenance Margin
Margin
Margin Call
Margin Deficit
Margin Excess
Margin Loan
Margin Percentage
Margin Requirements
Market Value
Murabaha Rate
Outstanding Amount
Portfolio Value
Potential Event of Default
Reference Rate
Regulatory Requirement
Secured Obligations
Securities Account
Security Interest
Trading Day
Transaction
Valuation Date
Valuation Percentage
Valuation Time
Approved Securities
Available Credit
Business Day
Collateral
Credit Limit
Default Event
Eligible Margin Securities
Enforcement Event
Event of Default
Excess Margin
Facility
Force Majeure Event
Haircut
Initial Margin
Interest Period
Islamic Financing Rate
Lending Ratio
Loan
Maintenance Margin
Margin
Margin Call
Margin Deficit
Margin Excess
Margin Loan
Margin Percentage
Margin Requirements
Market Value
Murabaha Rate
Outstanding Amount
Portfolio Value
Potential Event of Default
Reference Rate
Regulatory Requirement
Secured Obligations
Securities Account
Security Interest
Trading Day
Transaction
Valuation Date
Valuation Percentage
Valuation Time
Clauses
Facility Terms
Security and Collateral
Margin Requirements
Interest and Fees
Representations and Warranties
Covenants
Events of Default
Enforcement Rights
Payment Obligations
Risk Disclosure
Termination
Force Majeure
Assignment
Confidentiality
Notices
Amendments
Severability
Indemnification
Set-off Rights
Islamic Finance Compliance
Account Operation
Trading Authorization
Custody Arrangements
Anti-Money Laundering
Know Your Customer
Dispute Resolution
Governing Law
Jurisdiction
Entire Agreement
Counterparts
Third Party Rights
Record Keeping
Market Disruption
Currency Provisions
Electronic Trading
Regulatory Compliance
Tax Provisions
Client Classification
Power of Attorney
Limitation of Liability
Security and Collateral
Margin Requirements
Interest and Fees
Representations and Warranties
Covenants
Events of Default
Enforcement Rights
Payment Obligations
Risk Disclosure
Termination
Force Majeure
Assignment
Confidentiality
Notices
Amendments
Severability
Indemnification
Set-off Rights
Islamic Finance Compliance
Account Operation
Trading Authorization
Custody Arrangements
Anti-Money Laundering
Know Your Customer
Dispute Resolution
Governing Law
Jurisdiction
Entire Agreement
Counterparts
Third Party Rights
Record Keeping
Market Disruption
Currency Provisions
Electronic Trading
Regulatory Compliance
Tax Provisions
Client Classification
Power of Attorney
Limitation of Liability
Relevant Industries
Banking
Financial Services
Securities Trading
Investment Management
Wealth Management
Islamic Banking
Brokerage Services
Asset Management
Private Banking
Relevant Teams
Legal
Compliance
Risk Management
Credit
Trading
Operations
Customer Service
Islamic Banking
Securities Operations
Treasury
Portfolio Management
Documentation
Internal Audit
Financial Control
Relevant Roles
Legal Counsel
Compliance Officer
Risk Manager
Credit Officer
Investment Advisor
Relationship Manager
Trading Manager
Portfolio Manager
Securities Operations Manager
Chief Risk Officer
Head of Credit
Islamic Banking Officer
KYC Officer
Financial Controller
Treasury Manager
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