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Security Assignment Agreement for Malaysia

Security Assignment Agreement Template for Malaysia

A comprehensive legal document governed by Malaysian law that facilitates the creation of security interests through the assignment of rights, assets, or receivables from an assignor to an assignee. The agreement complies with Malaysian security and property laws, including the Contracts Act 1950 and relevant provisions of the Companies Act 2016. It details the assigned rights, secured obligations, enforcement mechanisms, and includes necessary provisions for perfection of security interests under Malaysian law, making it suitable for various commercial and financial transactions.

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What is a Security Assignment Agreement?

The Security Assignment Agreement is a crucial document in Malaysian commercial practice, commonly used in financing transactions where parties need to create security interests over receivables, contract rights, or other assignable assets. This agreement type is particularly relevant when companies seek to secure their obligations under facility agreements or other financial arrangements. The document must comply with Malaysian legal requirements, including registration with the Companies Commission of Malaysia where applicable, and proper stamping under the Stamp Act 1949. It typically contains detailed provisions regarding the assigned rights, enforcement mechanisms, and the parties' respective obligations, making it a fundamental tool in secured lending transactions within the Malaysian jurisdiction.

What sections should be included in a Security Assignment Agreement?

1. Parties: Identifies the assignor, assignee (security taker), and any other relevant parties

2. Background: Explains the context of the security assignment and the underlying transaction

3. Definitions and Interpretation: Defines key terms and sets out interpretation principles

4. Assignment: Core provisions detailing the assignment of rights and creation of security interest

5. Secured Obligations: Defines the obligations being secured by the assignment

6. Representations and Warranties: Assignor's representations regarding ownership, authority, and status of assigned rights

7. Covenants: Ongoing obligations of the assignor regarding the assigned rights

8. Enforcement: Rights and remedies of the assignee upon default

9. Powers of Attorney: Appointment of assignee as attorney to perfect or enforce the security

10. Further Assurance: Obligations to execute further documents and perfect the security

11. Payments and Proceeds: Treatment of payments and proceeds from assigned rights

12. Notices: Provisions for giving notices under the agreement

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

What sections are optional to include in a Security Assignment Agreement?

1. Security Trustee Provisions: Required when security is held by a trustee for multiple beneficiaries

2. Third Party Rights: Required when rights of third parties need to be addressed or excluded

3. Currency Provisions: Required when assignment involves multiple currencies

4. Tax Provisions: Required when specific tax implications need to be addressed

5. Regulatory Compliance: Required when assigned rights are subject to regulatory requirements

6. Islamic Finance Provisions: Required when the security assignment needs to be Shariah-compliant

What schedules should be included in a Security Assignment Agreement?

1. Schedule 1 - Assigned Rights: Detailed description of the rights being assigned

2. Schedule 2 - Form of Notice: Template notice to third parties regarding the assignment

3. Schedule 3 - Form of Acknowledgment: Template acknowledgment from third parties

4. Schedule 4 - Secured Obligations: Detailed description of the secured obligations

5. Schedule 5 - Conditions Precedent: List of conditions to be satisfied before assignment becomes effective

6. Schedule 6 - Perfection Requirements: Specific actions required to perfect the security under Malaysian law

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

Cost

Free to use
Relevant legal definitions






























Clauses



























Relevant Industries

Banking & Finance

Real Estate

Infrastructure

Manufacturing

Trading & Commerce

Construction

Energy & Resources

Technology

Telecommunications

Healthcare

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Commercial

Credit

Corporate Secretarial

Operations

Relevant Roles

Legal Counsel

Finance Director

Chief Financial Officer

Treasury Manager

Credit Manager

Risk Manager

Company Secretary

Commercial Director

Compliance Officer

Security Trustee Officer

Loan Officer

Transaction 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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