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Margin Loan Agreement for Hong Kong

Margin Loan Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes the terms and conditions under which a financial institution provides credit to a borrower for the purpose of trading securities, with such loans being secured by eligible securities as collateral. The document incorporates requirements from Hong Kong's Securities and Futures Ordinance, Banking Ordinance, and related regulations, including specific provisions for margin maintenance, collateral arrangements, and risk disclosures as mandated by the Securities and Futures Commission (SFC) and Hong Kong Monetary Authority (HKMA).

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What is a Margin Loan Agreement?

This document is essential for financial institutions providing margin financing services in Hong Kong's securities market. The Margin Loan Agreement establishes the legal framework for extending credit against securities collateral, incorporating regulatory requirements from the SFC and HKMA. It is used when a financial institution agrees to provide financing to clients for securities trading, specifying crucial elements such as margin ratios, collateral requirements, interest rates, and enforcement rights. The agreement must comply with Hong Kong's robust regulatory framework, including the Securities and Futures Ordinance and Banking Ordinance, while addressing practical aspects of the lending relationship such as margin calls, collateral valuation, and default scenarios.

What sections should be included in a Margin Loan Agreement?

1. Parties: Identification of the lender (including licensing details) and borrower

2. Background: Context of the agreement and relationship between parties

3. Definitions and Interpretation: Key terms used throughout the agreement, including financial definitions like 'Margin Ratio', 'Collateral Value', etc.

4. Facility and Purpose: Details of the margin loan facility, including maximum amount and permitted purposes

5. Conditions Precedent: Prerequisites that must be satisfied before the facility becomes available

6. Drawdown Procedures: Process and requirements for requesting and receiving loans under the facility

7. Interest and Fees: Interest calculation, payment terms, and applicable fees

8. Margin Requirements: Maintenance of margin ratios, margin calls, and consequences of margin shortfall

9. Collateral Arrangements: Securities to be provided as collateral, valuation methods, and top-up requirements

10. Representations and Warranties: Standard and specific declarations made by the borrower

11. Covenants: Ongoing obligations of the borrower during the facility period

12. Events of Default: Circumstances constituting default and consequences

13. Enforcement Rights: Lender's rights upon default, including sale of collateral

14. Payments and Calculations: Payment mechanics, currency provisions, and calculation methods

15. Termination: Circumstances and process for terminating the facility

16. General Provisions: Standard clauses including notices, amendments, governing law, etc.

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

1. Guarantee: Required when a third party guarantees the borrower's obligations

2. Multiple Currencies: Include when facility can be drawn in different currencies

3. Portfolio Management: Include when lender provides additional portfolio management services

4. Standing Instructions: Include when automated trading or margin maintenance is offered

5. Online Trading Provisions: Required when facility is linked to online trading platform

6. Risk Disclosure: Extended risk disclosures for retail clients

7. Custodian Arrangements: Include when third-party custodian is involved

What schedules should be included in a Margin Loan Agreement?

1. Facility Terms: Detailed commercial terms including facility limit, interest rates, fees

2. Eligible Collateral: List of acceptable securities and their respective margin ratios

3. Form of Drawdown Notice: Template for borrower to request drawdown

4. Risk Disclosure Statement: Detailed risks of margin trading as required by SFC

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

6. Account Opening Forms: Required account opening documentation and KYC forms

7. Standing Instructions: Forms for setting up automated instructions if applicable

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

Hong Kong

Publisher

Genie AI

Document Type

Bill of Lading

Cost

Free to use
Relevant legal definitions






























































Clauses









































Relevant Industries

Banking

Financial Services

Securities Trading

Investment Management

Wealth Management

Private Banking

Brokerage Services

Asset Management

Investment Banking

Private Equity

Relevant Teams

Legal

Compliance

Risk Management

Credit

Trading

Operations

Portfolio Management

Client Services

Documentation

Settlement

Product Development

Regulatory Affairs

Middle Office

Front Office

Back Office

Relevant Roles

Legal Counsel

Compliance Officer

Risk Manager

Credit Officer

Relationship Manager

Trading Manager

Operations Manager

Portfolio Manager

Financial Advisor

Investment Consultant

Regulatory Affairs Officer

Product Manager

Client Services Manager

Settlement Officer

Documentation Specialist

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