The Full and Final Release of All Claims Form is a critical legal instrument used in Malaysian business and personal dealings to formally conclude disputes or potential claims between parties. This document is typically employed following a settlement negotiation or as part of a broader dispute resolution process. It serves to definitively resolve all existing and potential future claims related to specific incidents or relationships, providing legal certainty and closure for all parties involved. The document must be drafted in compliance with Malaysian legal requirements, including the Contracts Act 1950, Civil Law Act 1956, and relevant case law. It's commonly used in employment terminations, accident settlements, business disputes, and other situations where parties seek to prevent future litigation and achieve final closure on all matters in dispute. The document includes specific details about the parties, the claims being released, consideration provided, and often requires proper stamping under the Stamp Act 1949 to be admissible in Malaysian courts.
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1. Parties: Full legal names and addresses of the Releasor (person giving the release) and Releasee (person being released)
2. Background: Context of the dispute or claims, including relevant dates and circumstances leading to the release
3. Definitions: Definitions of key terms used in the document, including 'Claims', 'Released Parties', 'Effective Date', etc.
4. Consideration: Details of the settlement amount or other consideration being provided in exchange for the release
5. Release and Discharge: Core section detailing the scope of claims being released and discharged
6. No Admission of Liability: Statement that the settlement and release do not constitute an admission of liability by any party
7. Confidentiality: Terms regarding the confidentiality of the settlement and release agreement
8. Governing Law: Specification that Malaysian law governs the agreement
9. Execution: Signature blocks for all parties and witnesses
1. Non-Disparagement: Mutual agreement not to make negative statements about each other, typically included in employment-related releases
2. Return of Property: Section requiring return of any property, documents, or materials, relevant when there has been an employment or business relationship
3. Future Cooperation: Terms regarding any required future cooperation between parties, often used in complex dispute resolutions
4. Tax Implications: Section addressing responsibility for tax consequences of the settlement payment
5. Survival of Certain Obligations: Specification of any obligations that survive the release, such as ongoing confidentiality requirements
6. Severability: Clause stating that if any provision is found invalid, the remainder of the agreement remains in effect
7. Revocation Period: Inclusion of any applicable revocation period, particularly important in employment-related releases
1. Schedule A - Details of Claims: Comprehensive list of all specific claims, incidents, or disputes being released
2. Schedule B - Settlement Payment Details: Breakdown of settlement amount and payment terms if applicable
3. Schedule C - Related Parties: List of additional parties covered by the release (e.g., subsidiaries, officers, directors)
4. Appendix 1 - Supporting Documents: Copies of relevant documents referenced in the release
5. Appendix 2 - Proof of Authority: Documents showing authority to sign (if signing on behalf of a company or another person)
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