Bold dot in the Loan Consent Agreement

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Aug 6th, 2022
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How to bold dot in the Loan Consent Agreement

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misrepresentation duress and fraud these are really two separate concepts and i usually divide them into on the one hand misrepresentation and fraud and on the other hand duress and undue influence you see those two clusters as continuums where you have none of either of those two problems you have a little bit which is misrepresentation or undue influence or you have a lot which is fraud or duress lets tease the differences out of each of those things first misrepresentation and fraud now much like mistake not just any misrepresentation is a barrier to contract you need a material misrepresentation or non-disclosure something that goes to the essence of the contract it can even be a defense to formation even if the misrepresentation is honest or innocent you

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By law, the hypothecation agreement and credit agreement must be signed in order for a margin account to be opened.
In general, under Federal Reserve Board Regulation T (Reg T), brokers can lend a customer up to 50 percent of the total purchase price of a margin equity security for new purchases.
To open a margin account, the customer must sign a margin agreement, pledging the securities in the account as collateral for the loan. Other names for the margin agreement are the hypothecation agreement or the customers agreement. If one party dies, the survivor(s) in the account own(s) 100% of the account.
A customers loan consent is an agreement signed by a brokerage customer that permits a broker-dealer to lend the securities in that customers margin account.
A customers loan consent is a contract which is executed between a brokerage customer and broker cum dealer, which permits the latter to lend securities and assets in the margin account held by the customer.
In the United States, rehypothecation of collateral by broker-dealers is limited to 140% of the loan amount to a client, under Rule 15c3-3 of the SEC. Rehypothecation occurs when a lender uses an asset, supplied as collateral on a debt by a borrower, and applies its value to cover its own obligations.
FINRA Rule 2264 states that an investor must sign the agreement before trading on margin, and brokers are prohibited from allowing margin trading before the signed disclosure is received. FINRA also requires that brokers post the margin agreement to their website so that it can be easily accessed by margin customers.

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