The Loan Collateral Agreement serves as a crucial document in Malaysian secured lending transactions, establishing the legal framework for securing loans with specific assets or property. This agreement is essential when a lender requires security for a loan facility, whether for corporate financing, property acquisition, or business expansion. The document must comply with Malaysian legislation, including the Financial Services Act 2013, Contracts Act 1950, and where applicable, the National Land Code 1965. It details the creation and perfection of security interests, describes the collateral, outlines the parties' rights and obligations, and specifies enforcement mechanisms in case of default. The agreement is particularly important in the Malaysian context where secured lending forms a significant portion of financial transactions and requires careful consideration of local property and security laws.
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1. Parties: Identification of the lender, borrower, and any security providers
2. Background: Context of the loan facility and purpose of the security arrangement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Grant of Security: Creation and terms of the security interest over the collateral
5. Representations and Warranties: Statements about ownership, authority, and status of the collateral
6. Security Provider Covenants: Obligations regarding maintenance and protection of the collateral
7. Events of Default: Circumstances triggering enforcement rights
8. Enforcement Rights: Lender's rights and remedies upon default
9. Power of Attorney: Appointment of lender as attorney for enforcement purposes
10. Payments and Application: Rules for applying proceeds from collateral
11. General Provisions: Standard clauses including notices, amendments, governing law
1. Insurance Requirements: Specific insurance obligations when collateral requires insurance coverage
2. Third Party Rights: Required when there are identifiable third parties who may have rights under the agreement
3. Security Margin Maintenance: For financial instruments or assets requiring margin maintenance
4. Custodian Provisions: When collateral is held by a third-party custodian
5. Further Advances: When the security may secure additional future loans
6. Cross-Default: When security is linked to multiple facilities or agreements
7. Priority Arrangements: When there are multiple security interests or lenders
1. Schedule 1 - Description of Collateral: Detailed description and particulars of the secured assets
2. Schedule 2 - Form of Notice: Standard forms for notices to third parties or authorities
3. Schedule 3 - Perfection Requirements: Specific actions required to perfect the security interest
4. Schedule 4 - Existing Security Interests: List of any permitted existing security interests over the collateral
5. Schedule 5 - Form of Transfer Certificate: Standard form for transferring rights under the agreement
6. Appendix A - Related Loan Agreement Details: Summary of the main loan agreement terms
7. Appendix B - Registration Requirements: Details of necessary registrations with authorities
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate
Manufacturing
Agriculture
Construction
Retail
Technology
Energy
Healthcare
Transportation and Logistics
Mining and Resources
Education
Hospitality
Relevant Teams
Legal
Finance
Risk Management
Compliance
Credit
Corporate Secretarial
Treasury
Operations
Portfolio Management
Business Development
Relevant Roles
Legal Counsel
Finance Manager
Credit Risk Officer
Loan Officer
Compliance Officer
Corporate Secretary
Chief Financial Officer
Risk Manager
Banking Relationship Manager
Security Trustee
Portfolio Manager
Credit Analyst
Legal Director
Treasury Manager
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