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Financing Contract Agreement for Malaysia

Financing Contract Agreement Template for Malaysia

A comprehensive financing agreement governed by Malaysian law that establishes the terms and conditions for providing financial facilities between a lender and borrower. The document incorporates requirements under the Malaysian Financial Services Act 2013 and related regulations, including provisions for both conventional and Islamic financing options where applicable. It details the facility amount, payment terms, security arrangements, representations and warranties, covenants, and events of default, while ensuring compliance with Malaysian banking regulations and consumer protection requirements.

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Financing Contract Agreement

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What is a Financing Contract Agreement?

The Financing Contract Agreement is a fundamental legal document used in Malaysian financial transactions to establish and regulate lending relationships between financial institutions and borrowers. It is essential for any significant financing arrangement in Malaysia, whether for corporate financing, project funding, or asset acquisition. The agreement must comply with Malaysian banking laws, including the Financial Services Act 2013 and, where applicable, the Islamic Financial Services Act 2013. This document is crucial for protecting both lender and borrower interests, establishing clear terms for the facility, and ensuring regulatory compliance. It includes detailed provisions for facility terms, security arrangements, repayment schedules, and default scenarios, while incorporating Malaysian-specific legal requirements and banking practices.

What sections should be included in a Financing Contract Agreement?

1. Parties: Identification of the finance provider and the borrower/customer with full legal names and registration details

2. Background: Context of the financing arrangement, purpose of the facility, and relationship between the parties

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

4. Facility Amount and Purpose: Details of the financing amount, type of facility, and permitted use of funds

5. Conditions Precedent: Pre-conditions that must be satisfied before the facility becomes available

6. Drawdown and Availability: Terms and procedures for accessing the facility and availability period

7. Interest/Profit Rate and Payments: Interest or profit rate calculation, payment schedule, and payment mechanics

8. Fees and Charges: All applicable fees, charges, and costs related to the facility

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

10. Covenants: Positive and negative obligations of the borrower during the facility period

11. Events of Default: Circumstances constituting default and consequences thereof

12. Security: Details of security/collateral provided for the facility

13. Termination: Circumstances and procedures for termination of the facility

14. General Provisions: Standard clauses including notices, amendments, governing law, and dispute resolution

What sections are optional to include in a Financing Contract Agreement?

1. Islamic Banking Provisions: Required when the financing is Shariah-compliant, including specific Islamic financing structures and requirements

2. Guarantee: Include when there are third-party guarantors for the facility

3. Insurance/Takaful: Required when specific insurance or takaful coverage is mandatory for the facility

4. Assignment and Transfer: Include when the facility may be assignable or transferable

5. Additional Parties: Required when there are security providers or other relevant third parties

6. Special Conditions: Include when there are specific requirements unique to the particular financing arrangement

7. Force Majeure: Optional clause dealing with unforeseen circumstances affecting performance

What schedules should be included in a Financing Contract Agreement?

1. Facility Details: Detailed terms of the facility including amount, tenure, interest/profit rate

2. Payment Schedule: Detailed repayment schedule including installment amounts and due dates

3. Security Details: Specific details of all security/collateral provided

4. Conditions Precedent Documents: List of all required documents and conditions to be fulfilled

5. Fee Schedule: Detailed breakdown of all applicable fees and charges

6. Designated Accounts: Details of accounts for disbursement and repayment

7. Form of Drawdown Notice: Standard format for drawdown requests

8. Compliance Documents: Required regulatory and compliance documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions














































Clauses




































Relevant Industries

Banking and Financial Services

Real Estate and Property Development

Manufacturing

Construction

Technology and Innovation

Agriculture

Healthcare

Retail and Commerce

Energy and Utilities

Infrastructure Development

Transportation and Logistics

Education

Hospitality and Tourism

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Banking

Credit Assessment

Operations

Company Secretarial

Business Development

Documentation

Corporate Advisory

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Finance Manager

Credit Risk Manager

Compliance Officer

Treasury Manager

Banking Relationship Manager

Contract Administrator

Company Secretary

Financial Controller

Risk Management Officer

Corporate Banking Officer

Legal Manager

Business Development 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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