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Pro Forma Loan Agreement for Malaysia

Pro Forma Loan Agreement Template for Malaysia

A standardized loan agreement template designed for use in Malaysia, incorporating all essential elements required under Malaysian financial and contract law. This document facilitates lending transactions between financial institutions and borrowers, ensuring compliance with both the Financial Services Act 2013 and Contracts Act 1950. It includes comprehensive provisions for loan terms, repayment schedules, security arrangements, and default procedures, while maintaining flexibility to accommodate both conventional and Islamic banking requirements. The agreement is structured to protect both lender and borrower interests while meeting regulatory requirements specific to the Malaysian jurisdiction.

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What is a Pro Forma Loan Agreement?

The Pro Forma Loan Agreement serves as a standardized template for lending transactions in Malaysia, designed to meet the requirements of both conventional and Islamic banking systems. This document is typically used when financial institutions extend credit to individuals or corporations, requiring a formal agreement that complies with Malaysian banking regulations, including the Financial Services Act 2013 and Islamic Financial Services Act 2013. It contains essential provisions for loan disbursement, repayment terms, security arrangements, and default procedures, while maintaining flexibility to accommodate various lending purposes. The agreement incorporates Malaysian legal requirements for contract formation, stamping, and registration, making it suitable for use across different industries and loan purposes while ensuring regulatory compliance.

What sections should be included in a Pro Forma Loan Agreement?

1. Parties: Identification of the Lender and Borrower with full legal names and registration/identification details

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

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

4. The Facility: Details of the loan amount, purpose, and type of facility being provided

5. Conditions Precedent: Conditions that must be satisfied before the loan can be drawn

6. Drawdown: Procedures and requirements for drawing down the loan

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

8. Repayment: Terms and schedule for repayment of the principal amount

9. Representations and Warranties: Statements of fact and assurances given by the Borrower

10. Covenants: Positive and negative obligations of the Borrower during the loan term

11. Events of Default: Circumstances that constitute default and their consequences

12. Payments: Payment mechanics, currency, and timing requirements

13. Notices: How formal communications between parties should be made

14. Assignment and Transfer: Rights and restrictions regarding transfer of rights under the agreement

15. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes

16. Execution: Signature blocks and execution formalities

What sections are optional to include in a Pro Forma Loan Agreement?

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

2. Guarantee: Required if there is a guarantor - terms of guarantee and guarantor obligations

3. Islamic Banking Provisions: Required if the loan needs to be Shariah-compliant

4. Insurance: Required if specific insurance coverage is mandatory for the loan

5. Special Purpose Covenants: Required for specific loan purposes (e.g., property development, business acquisition)

6. Cross-Default: Optional provisions linking default under this loan to other financial agreements

7. Change of Control: Required for corporate borrowers where ownership stability is important

8. Market Disruption: Optional provisions dealing with significant market changes affecting the loan

9. Increased Costs: Optional provisions allowing the lender to pass on regulatory cost increases

What schedules should be included in a Pro Forma Loan Agreement?

1. Schedule 1 - Conditions Precedent: Detailed list of all documents and conditions required before drawdown

2. Schedule 2 - Drawdown Notice: Form of drawdown request to be used by the Borrower

3. Schedule 3 - Repayment Schedule: Detailed amortization schedule if applicable

4. Schedule 4 - Security Documents: List and copies of all security documents if the loan is secured

5. Schedule 5 - Fees and Charges: Detailed breakdown of all applicable fees and charges

6. Schedule 6 - Calculation of Interest: Detailed methodology for interest calculation

7. Appendix A - Form of Notice: Standard templates for various notices under the agreement

8. Appendix B - Form of Compliance Certificate: Template for periodic compliance certification by the Borrower

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

Financing Agreement

Cost

Free to use
Relevant legal definitions









































Clauses





























Relevant Industries

Banking & Financial Services

Real Estate & Property

Manufacturing

Retail & Commerce

Construction

Agriculture

Technology & Innovation

Healthcare

Education

Infrastructure Development

Small & Medium Enterprises

Islamic Banking

Relevant Teams

Legal

Finance

Compliance

Risk Management

Credit Administration

Corporate Banking

Retail Banking

Islamic Banking

Operations

Treasury

Documentation

Corporate Secretarial

Relevant Roles

Chief Financial Officer

Legal Counsel

Finance Manager

Credit Risk Officer

Compliance Officer

Banking Relationship Manager

Corporate Secretary

Treasury Manager

Legal Director

Banking Operations Manager

Credit Analyst

Contract Administrator

Islamic Banking Officer

Loan Officer

Risk Management Director

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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