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Deed Of Loan Agreement for Malaysia

Deed Of Loan Agreement Template for Malaysia

A formal legal document governed by Malaysian law that establishes and documents a loan arrangement between a lender and borrower in deed form, providing enhanced enforceability compared to a simple contract. The document details the loan amount, interest rates, repayment terms, security arrangements (if any), and the rights and obligations of all parties involved. It complies with Malaysian legal requirements including the Contracts Act 1950 and specific financial regulations, and must be properly executed as a deed in accordance with Malaysian law requirements for attestation and sealing.

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Deed Of Loan Agreement

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What is a Deed Of Loan Agreement?

The Deed of Loan Agreement is a formal legal instrument used in Malaysia when parties wish to document a loan arrangement with the additional legal protection afforded by execution as a deed. It is particularly suitable for significant loans, whether secured or unsecured, and can be used in both commercial and private lending contexts. The document needs to comply with Malaysian legal requirements, including proper execution formalities under the Powers of Attorney Act 1949 and registration requirements where applicable. It typically includes comprehensive terms covering the loan amount, interest calculations, repayment schedules, events of default, and enforcement mechanisms. This type of agreement is commonly used in business financing, property transactions, and other situations where the enhanced enforceability of a deed is desired, such as when consideration may not be immediately apparent or when a longer limitation period for enforcement is needed.

What sections should be included in a Deed Of Loan Agreement?

1. Parties: Identification of the Lender and Borrower with full legal names and addresses

2. Background: Recitals explaining the context of the loan and the intention of the parties to enter into this deed

3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation

4. Loan Amount and Purpose: Specification of the loan amount and permitted purpose of the loan

5. Interest: Interest rate, calculation method, and payment terms

6. Drawdown: Conditions precedent and procedures for drawdown of the loan

7. Repayment Terms: Schedule of repayment, payment methods, and prepayment provisions

8. Representations and Warranties: Standard representations and warranties given by the Borrower

9. Borrower's Covenants: Positive and negative covenants the Borrower must comply with

10. Events of Default: Circumstances constituting default and consequences thereof

11. Costs and Expenses: Allocation of legal fees, stamp duty, and other costs

12. Notices: Process for giving notices under the agreement

13. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and assignment

14. Execution: Formal execution blocks meeting Malaysian deed requirements

What sections are optional to include in a Deed Of Loan Agreement?

1. Security: Required if the loan is secured - details of security arrangements and enforcement rights

2. Guarantee: Required if a guarantor is providing support for the loan obligations

3. Insurance: Required if specific insurance coverage is mandated for the loan

4. Special Conditions: For any unique terms specific to the particular loan arrangement

5. Change of Control: Required for corporate borrowers where change in ownership might affect the loan

6. Information Covenants: Required for complex loans requiring ongoing financial reporting

7. Tax Provisions: Required if specific tax implications need to be addressed

8. Assignment and Transfer: Required if the loan may be syndicated or transferred

What schedules should be included in a Deed Of Loan Agreement?

1. Schedule 1 - Loan Details: Detailed breakdown of loan amount, interest rate, and repayment schedule

2. Schedule 2 - Conditions Precedent: List of documents and conditions required before drawdown

3. Schedule 3 - Repayment Schedule: Detailed amortization table showing payment dates and amounts

4. Schedule 4 - Form of Drawdown Notice: Template for requesting drawdown of the loan

5. Schedule 5 - Security Details: Description of any security assets and registration requirements

6. Schedule 6 - Form of Compliance Certificate: Template for periodic confirmation of compliance with loan terms

7. Appendix A - Required Insurance: Details of required insurance coverage and terms

8. Appendix B - Calculation of Interest: Detailed methodology for interest calculations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions






























Clauses




























Relevant Industries

Banking

Financial Services

Real Estate

Construction

Manufacturing

Retail

Agriculture

Technology

Healthcare

Education

Mining

Infrastructure

Small and Medium Enterprises

Professional Services

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Secretariat

Credit Administration

Commercial

Business Development

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Secretary

Finance Manager

Credit Manager

Risk Manager

Compliance Officer

Treasury Manager

Commercial Director

Business Development Manager

Account Manager

Corporate Lawyer

Banking Officer

Loan Officer

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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