The Master Security Agreement serves as the primary security document in Malaysian financial transactions, establishing a comprehensive framework for creating and maintaining security interests over various types of assets. It is particularly useful in complex financing arrangements where multiple assets are involved or where additional assets may be added as security over time. The document complies with Malaysian law requirements, including the Financial Services Act 2013, Companies Act 2016, and where applicable, the Islamic Financial Services Act 2013. It includes detailed provisions for the creation, perfection, and enforcement of security interests, representations and warranties, covenants, and events of default. This agreement is typically used in corporate lending, project finance, and structured finance transactions, providing a standardized approach to security arrangements while allowing flexibility for specific transaction requirements.
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1. Parties: Identification of the security provider(s) and security trustee/creditor
2. Background: Context of the security arrangement and relationship between parties
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and interpretation rules
4. Creation of Security Interest: Core provisions establishing the security interest and its scope
5. Secured Obligations: Definition and scope of the obligations being secured
6. Representations and Warranties: Standard and security-specific representations and warranties by the security provider
7. Covenants: Positive and negative obligations of the security provider regarding the secured assets
8. Perfection Requirements: Actions required to perfect the security interests and maintain perfection
9. Events of Default: Circumstances constituting default and triggering enforcement rights
10. Enforcement: Rights and procedures for enforcing the security interest upon default
11. Power of Attorney: Appointment of the security trustee/creditor as attorney for security-related matters
12. Further Assurance: Obligations to execute additional documents and take necessary actions
13. Costs and Expenses: Allocation of costs related to the security arrangement
14. Assignment and Transfer: Provisions regarding transfer of rights under the agreement
15. Notices: Communication procedures between parties
16. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction provisions
1. Islamic Finance Provisions: Required when the security arrangement needs to be Shariah-compliant
2. Currency Provisions: Required when secured obligations involve multiple currencies
3. Trust Provisions: Required when security is held on trust for multiple creditors
4. Parallel Debt: Required in transactions involving foreign lenders from certain jurisdictions
5. Priority Arrangements: Required when there are multiple security interests or creditors
6. Tax Provisions: Required when specific tax implications need to be addressed
7. Securities Account Provisions: Required when security includes securities or investment accounts
8. Intellectual Property Provisions: Required when security includes intellectual property rights
1. Schedule 1 - Security Assets: Detailed description of assets subject to security interest
2. Schedule 2 - Forms of Accession Documents: Template documents for additional security providers or assets
3. Schedule 3 - Perfection Requirements: Specific actions required for different types of assets
4. Schedule 4 - Notice and Acknowledgment Forms: Template notices to third parties regarding the security
5. Schedule 5 - Powers of Attorney: Form of power of attorney and specific powers granted
6. Schedule 6 - Filing and Registration Requirements: List of required filings and registrations for different asset types
7. Schedule 7 - Existing Security Interests: Details of any existing security interests over the assets
8. Appendix A - Addresses for Notice: Contact details for all parties for formal notices
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Corporate Finance
Real Estate
Manufacturing
Trading
Construction
Technology
Energy
Infrastructure
Telecommunications
Agriculture
Healthcare
Transportation
Retail
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Secretariat
Credit
Operations
Islamic Finance
Security Administration
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Compliance Officer
Treasury Manager
Credit Risk Manager
Security Trustee Officer
Facility Agent
Transaction Manager
Corporate Secretary
Finance Manager
Legal Director
Banking Relationship Manager
Risk Officer
Islamic Finance Officer
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