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Land Mortgage Agreement Template for Malaysia

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Key Requirements PROMPT example:

Land Mortgage Agreement

"I need a Land Mortgage Agreement for a commercial property in Kuala Lumpur, Malaysia, to be used as security for a RM 5 million business loan that will be disbursed in March 2025; the agreement should include specific provisions for the property's ongoing commercial use as a retail space."

Document background
The Land Mortgage Agreement is a crucial security document used in Malaysian property financing transactions when a borrower pledges land or property as collateral for a loan. This document type is essential for both residential and commercial property financing, creating a registrable charge under the National Land Code 1965. It is commonly used by banks, financial institutions, and property owners in Malaysia when securing property loans, whether for purchase, refinancing, or other financing purposes. The agreement must comply with strict requirements under Malaysian law, including proper execution, witnessing, and registration at the relevant Land Office. The document contains detailed provisions about the secured property, repayment terms, borrower's obligations, lender's rights, and enforcement mechanisms. It can be structured either as a conventional mortgage or an Islamic charge, depending on the financing structure chosen by the parties.
Suggested Sections

1. Parties: Identification of the Chargor (borrower/property owner) and Chargee (bank/financial institution)

2. Background: Context of the mortgage arrangement, including reference to the facility agreement and purpose of the charge

3. Definitions: Definitions of key terms used throughout the agreement, including statutory terms from the National Land Code

4. Creation of Charge: Express provision creating the legal charge over the property in accordance with the National Land Code

5. Security: Description of the secured property and the obligations being secured

6. Representations and Warranties: Chargor's declarations regarding ownership, authority, and property status

7. Chargor's Covenants: Obligations of the Chargor including property maintenance, insurance, and payment obligations

8. Events of Default: Circumstances constituting default and triggering enforcement rights

9. Chargee's Rights and Remedies: Rights of the Chargee upon default, including power of sale and appointment of receivers

10. Continuing Security: Provisions ensuring the charge remains effective until all secured obligations are fulfilled

11. Notices: Requirements for valid service of notices between parties

12. Governing Law and Jurisdiction: Confirmation of Malaysian law application and jurisdiction

Optional Sections

1. Assignment and Transfer: Required if the Chargee wishes to reserve the right to assign or transfer its rights under the mortgage

2. Islamic Banking Provisions: Required if the mortgage is structured as an Islamic banking facility

3. Strata Title Provisions: Required if the charged property is under strata title

4. Multiple Chargors: Required if there are multiple property owners creating the charge

5. Construction Provisions: Required if the property is under construction or development

6. Foreign Investment Provisions: Required if the Chargor is a foreign entity or person

Suggested Schedules

1. Property Schedule: Detailed description of the charged property including title particulars as per the land title

2. Facility Terms Schedule: Details of the facility agreement including amount, interest rate, and payment terms

3. Insurance Schedule: Requirements for property insurance including minimum coverage

4. Form 16A: Statutory form for registration of charge under the National Land Code

5. Powers of Attorney: Standard powers of attorney granted to the Chargee for enforcement purposes

6. Special Conditions: Any special conditions or requirements specific to the property or facility

Authors

Alex Denne

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

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Relevant Industries

Banking & Finance

Real Estate

Property Development

Islamic Banking

Legal Services

Construction

Housing Development

Relevant Teams

Legal

Credit Risk

Compliance

Real Estate

Islamic Banking

Document Processing

Property Valuation

Credit Administration

Relationship Management

Title Registration

Relevant Roles

Legal Counsel

Banking Officer

Mortgage Officer

Property Lawyer

Real Estate Manager

Credit Risk Officer

Compliance Officer

Property Valuer

Islamic Banking Officer

Land Administrator

Title Search Officer

Document Executive

Relationship Manager

Credit Analysis Manager

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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