The Margin Lending Agreement is essential for financial institutions providing leveraged investment opportunities in Indonesia. This document is used when investors seek to borrow funds to purchase securities, using their existing portfolio or new securities as collateral. The agreement must comply with Indonesian Financial Services Authority (OJK) regulations, particularly OJK Regulation No. 65/POJK.04/2020, and relevant banking and securities laws. It outlines critical aspects including facility terms, margin requirements, collateral arrangements, default provisions, and risk management procedures. The document is crucial for both retail and institutional investors engaging in margin trading activities in the Indonesian capital markets, providing legal protection for both lender and borrower while ensuring regulatory compliance.
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1. Parties: Identification of the lender (financial institution) and borrower, including their complete legal details
2. Background: Context of the agreement, including the lender's authority to provide margin lending services and the borrower's intention to obtain margin facility
3. Definitions and Interpretation: Definitions of key terms including Margin Loan, Collateral, Margin Call, LVR (Loan to Value Ratio), and other technical terms
4. Facility Terms: Details of the margin loan facility including limit, purpose, availability period, and drawdown conditions
5. Interest and Fees: Interest calculation method, payment terms, applicable fees and charges
6. Margin Requirements: Specification of initial and ongoing margin requirements, LVR limits, and buffer requirements
7. Collateral Arrangements: Terms regarding the provision, maintenance, and management of collateral securities
8. Margin Calls: Process for margin calls, response timeframes, and consequences of non-compliance
9. Representations and Warranties: Standard and specific representations by both parties
10. Borrower Undertakings: Ongoing obligations of the borrower including financial covenants and reporting requirements
11. Events of Default: Circumstances constituting default and consequences thereof
12. Enforcement Rights: Lender's rights and remedies upon default, including collateral liquidation
13. Termination: Conditions and process for termination of the facility
14. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Electronic Trading Platform: Terms for using the lender's electronic platform for margin lending transactions, included if online trading is offered
2. Guarantor Provisions: Terms applicable when a guarantor is providing additional security for the facility
3. Multiple Borrower Provisions: Additional terms for joint borrowers or corporate group borrowers
4. Foreign Currency Provisions: Terms for margin lending in foreign currencies, if offered
5. Hedging Requirements: Terms regarding mandatory or optional hedging arrangements
6. Sophisticated Investor Declaration: Additional representations for sophisticated/professional investors
1. Schedule 1 - Facility Particulars: Specific details of the facility including limits, interest rates, fees, and initial LVR requirements
2. Schedule 2 - Approved Securities List: List of securities accepted as collateral and their respective LVR limits
3. Schedule 3 - Fee Schedule: Detailed breakdown of all applicable fees and charges
4. Schedule 4 - Margin Call Requirements: Detailed procedures and timeframes for margin calls
5. Schedule 5 - Required Forms: Standard forms for drawdown requests, collateral transfers, and other regular transactions
6. Appendix A - Risk Disclosure Statement: Mandatory risk disclosures as required by Indonesian regulations
7. Appendix B - Electronic Trading Terms: Detailed terms for electronic platform usage if applicable
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Product Development
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