A Board Resolution For Funding is a crucial corporate governance document required under Malaysian law when companies seek to obtain or approve various forms of financing. This document is essential for demonstrating proper corporate authorization and compliance with the Companies Act 2016 and relevant financial regulations. It is typically required by financial institutions, investors, or regulatory bodies as evidence of proper corporate approval for funding transactions. The resolution details the specific funding requirements, terms, and authorizations granted by the board, serving as an official record of the board's decision-making process and ensuring transparency in corporate financial matters.
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1. Title and Date: Formal title of the resolution and date of the board meeting
2. Company Details: Full legal name of the company, registration number, and registered address
3. Attendance and Quorum: List of directors present and confirmation of meeting quorum requirements
4. Chairperson: Identification of the meeting's chairperson
5. Background/Preamble: Context and reasons for seeking the funding, current financial situation, and business justification
6. Funding Details: Specific details of the funding arrangement including amount, purpose, and source
7. Declaration of Interests: Disclosure of any directors' interests in the funding arrangement
8. Resolution Statements: Formal 'RESOLVED' statements detailing the approved actions
9. Authorization: Specific powers granted to execute the funding arrangement
10. Certification: Statement certifying the resolution as a true record of the board's decision
1. Islamic Finance Compliance: Required when the funding involves Shariah-compliant financing
2. Security Arrangements: Include when the funding requires creation of security interests or guarantees
3. Related Party Transactions: Required when funding involves related parties as defined under Malaysian law
4. Foreign Investment Considerations: Include when funding involves foreign sources or cross-border elements
5. Conditions Precedent: Include when funding approval is subject to specific conditions being met
1. Financial Summary: Summary of relevant financial information supporting the funding decision
2. Term Sheet: Key terms and conditions of the proposed funding arrangement
3. Corporate Authority Matrix: Document showing approval authorities and limits
4. Supporting Documents: List of relevant supporting documents reviewed by the board
5. Director Attendance Record: Detailed record of directors' attendance and voting
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking and Finance
Manufacturing
Technology
Real Estate
Healthcare
Energy
Infrastructure
Retail
Telecommunications
Agriculture
Education
Transportation and Logistics
Relevant Teams
Legal
Finance
Corporate Secretariat
Compliance
Risk Management
Treasury
Corporate Governance
Board Secretariat
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Company Secretary
Legal Counsel
Finance Director
Board Chairman
Independent Director
Executive Director
Corporate Treasurer
Compliance Officer
Risk Manager
Financial Controller
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