The Loan Borrower Agreement serves as the primary documentation for lending transactions in Malaysia, establishing the legal framework for financial accommodation between lenders and borrowers. This document is essential when any party seeks to obtain financing from a licensed financial institution or approved lender in Malaysia. The agreement comprehensively covers all aspects of the lending relationship, including loan amount, interest calculations, repayment terms, security arrangements, and default provisions. It ensures compliance with Malaysian banking and financial services regulations while protecting the interests of all parties involved. The document is structured to accommodate various types of loans, from personal to corporate financing, and includes necessary provisions for enforcement under Malaysian law. The Loan Borrower Agreement typically incorporates requirements from key Malaysian legislation such as the Financial Services Act 2013, Contracts Act 1950, and where applicable, the National Land Code 1965 for secured lending.
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1. Parties: Identification of the lender and borrower with complete details
2. Background: Context of the loan agreement and relationship between parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount and permitted use of funds
5. Interest Rate and Calculations: Details of interest rate, calculation method, and payment periods
6. Repayment Terms: Schedule of repayments, payment methods, and prepayment provisions
7. Conditions Precedent: Conditions that must be satisfied before loan disbursement
8. Representations and Warranties: Statements of fact and assurances given by the borrower
9. Borrower Covenants: Ongoing obligations and restrictions on the borrower
10. Events of Default: Circumstances constituting default and consequences
11. Remedies: Lender's rights and remedies upon default
12. General Provisions: Standard clauses including notices, amendments, governing law
1. Security Arrangements: Details of any collateral or security provided for the loan
2. Guarantor Provisions: Terms applicable when a guarantor is involved in the loan
3. Insurance Requirements: Specific insurance obligations for secured assets
4. Special Conditions: Any unique terms specific to the particular loan arrangement
5. Cross-Default Provisions: Terms dealing with defaults under other related agreements
6. Assignment and Transfer: Terms governing the transfer of rights under the agreement
7. Change of Circumstances: Provisions for handling material changes affecting the loan
1. Repayment Schedule: Detailed schedule of repayment dates and amounts
2. Security Details: Specific details of any security or collateral provided
3. Conditions Precedent Documents: List of required documents and conditions for loan disbursement
4. Form of Drawdown Notice: Template for requesting loan disbursements
5. Fees and Charges: Detailed breakdown of all applicable fees and charges
6. Insurance Requirements: Specific insurance requirements and minimum coverage levels
7. Required Authorizations: List of required permits, consents, and authorizations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Real Estate
Construction
Manufacturing
Retail
Agriculture
Technology
Healthcare
Education
Small and Medium Enterprises
Corporate Services
Relevant Teams
Legal
Finance
Compliance
Risk Management
Treasury
Credit
Corporate Secretarial
Business Development
Operations
Audit
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Compliance Officer
Risk Manager
Credit Manager
Loan Officer
Treasury Manager
Financial Controller
Corporate Secretary
Banking Relationship Manager
Legal Director
Credit Risk Analyst
Finance Manager
Business Development Manager
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