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Business Loan Contract for Malaysia

Business Loan Contract Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes the terms and conditions for a business loan between a financial institution and a commercial borrower. The document details the loan amount, interest rates, repayment terms, security arrangements, and obligations of all parties involved, ensuring compliance with Malaysian financial regulations including the Financial Services Act 2013 and Contracts Act 1950. It incorporates necessary provisions for loan security, default scenarios, and remedy procedures, while accommodating both conventional and Islamic financing structures where applicable.

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What is a Business Loan Contract?

The Business Loan Contract serves as the primary legal instrument for documenting commercial lending arrangements in Malaysia, providing a structured framework for financial institutions to extend credit to businesses while protecting the interests of all parties involved. This document is essential when a business seeks formal financing from a Malaysian financial institution, whether for working capital, expansion, asset acquisition, or other commercial purposes. The contract must comply with Malaysian banking regulations, including the Financial Services Act 2013 and relevant Bank Negara Malaysia guidelines, while also adhering to the fundamental principles of the Contracts Act 1950. It is designed to accommodate various business sizes and sectors, incorporating necessary safeguards for loan security, repayment terms, and default scenarios, with the flexibility to include both conventional and Shariah-compliant financing structures.

What sections should be included in a Business Loan Contract?

1. Parties: Identifies and defines the Lender and Borrower with complete legal names, registration numbers, and registered addresses

2. Background: Outlines the context of the loan agreement, including the Borrower's request for financing and the Lender's agreement to provide it

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Loan Amount and Purpose: Specifies the principal amount of the loan and its approved business purpose

5. Interest Rate and Calculations: Details the applicable interest rate, calculation method, and payment periods

6. Repayment Terms: Specifies the loan tenure, repayment schedule, and payment mechanics

7. Security and Collateral: Describes the assets or guarantees securing the loan

8. Conditions Precedent: Lists conditions that must be satisfied before the loan is disbursed

9. Representations and Warranties: States the Borrower's declarations regarding their legal and financial status

10. Covenants: Details the Borrower's ongoing obligations throughout the loan term

11. Events of Default: Defines circumstances that constitute default and the Lender's remedies

12. Fees and Expenses: Lists all applicable fees, charges, and cost responsibilities

13. Notices: Specifies how formal communications between parties should be made

14. Governing Law and Jurisdiction: Confirms Malaysian law as governing law and specifies jurisdiction for disputes

What sections are optional to include in a Business Loan Contract?

1. Islamic Finance Provisions: Required when the loan must be Shariah-compliant, including specific terms and structure to meet Islamic finance requirements

2. Guarantee: Include when there are personal or corporate guarantors for the loan

3. Insurance: Required when specific insurance coverage is mandatory for the loan or collateral

4. Assignment and Transfer: Include when the lender wants the right to assign or transfer the loan to other parties

5. Syndication Provisions: Required for larger loans involving multiple lenders

6. Special Purpose Vehicle Provisions: Include when the borrower is an SPV or when specific project financing terms are needed

What schedules should be included in a Business Loan Contract?

1. Repayment Schedule: Detailed amortization table showing payment dates, principal and interest breakdowns

2. Security Details: Comprehensive list and description of all assets provided as security

3. Conditions Precedent Documents: List of all documents required before loan disbursement

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

5. Form of Drawdown Notice: Template for the Borrower to request loan disbursement

6. Financial Covenants: Specific financial ratios and requirements the Borrower must maintain

7. Permitted Security Interests: List of pre-approved security interests or liens that may exist

8. Form of Compliance Certificate: Template for periodic compliance reporting by the Borrower

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

Malaysia

Publisher

Genie AI

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions








































Clauses






























Relevant Industries

Banking and Financial Services

Small and Medium Enterprises

Manufacturing

Real Estate and Construction

Technology and Software

Retail and Commerce

Agriculture and Farming

Healthcare and Medical

Hospitality and Tourism

Transportation and Logistics

Professional Services

Education

Relevant Teams

Legal

Finance

Compliance

Risk Management

Credit Assessment

Corporate Banking

Islamic Banking

Treasury

Business Development

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Loan Officer

Credit Manager

Risk Manager

Compliance Officer

Business Development Manager

Treasury Manager

Company Secretary

Financial Controller

Banking Relationship Manager

Credit Analyst

Islamic Finance Specialist

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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