Various kinds of margin trading remain to be a significant phenomenon in the securities market today.It is es-sential to understand these relationships in a uniform way for the sake of preventing and handling financial risks.Margin trading emerges with the aim to reshape interpersonal relationship and person-property relationship to eliminate the credit risk and most of market risk inherent in the loans for trading.The rights and obligations with margin trading constitute a whole new type of contract which fundamentally differs from loan or stock pledge.All kinds of margin trading operate with a key in-stitutional design of securities account control rights,including right to daily monitor the account and right to conditionally take the account over and to sell the securities within,possessed by the fund provider."On exchange"margin trading by securities companies is based on the statutory authorization and a special securities account to achieve this function.Off-exchange mar-gin trading,structural trusts and structural asset management plans achieve the asset control right by securities accounts from fund providers.Umbrella trusts and account-establishing software do not change the horizontal essence of account providing,but enhance the anonymity and leverage,multiply the supply of accounts by a vertical system.It is advisable to recognize the u-nity and uniformity of legal characters of differing margin trading since various types of margin trading share the same legal structural,judicial opinions are converging to recognize the de facto validity of margin trading after the 2015 Stock market Crash.The regulatory experiences drawn from the advanced jurisdictions also support this approach.All margin trading should be treated as the same category of valid contract,and be regulated in a transparent and comprehensive system like the U.S..
Off Exchange Margin TradingMargin Trading by Securities CompaniesStructural TrustSecurities Ac-count
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