The Fixed Sum Loan Agreement is a crucial financial instrument used in the Malaysian market when a lender provides a specific amount of money to a borrower under clearly defined terms. This document type is commonly used for both corporate and individual lending, structured in compliance with Malaysian banking and financial services regulations. It's particularly relevant when the loan amount is predetermined and disbursed as a lump sum, unlike revolving credit facilities. The agreement must comply with both conventional banking requirements and, where applicable, Islamic banking principles under Malaysian law. It typically includes detailed provisions for repayment schedules, security arrangements, events of default, and remedies, while incorporating specific Malaysian regulatory requirements such as stamp duty compliance and, where necessary, Bank Negara Malaysia guidelines.
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1. Parties: Identifies and defines the Lender and Borrower with complete details including registration/ID numbers
2. Background: Brief context of the loan arrangement and purpose
3. Definitions: Defines key terms used throughout the agreement
4. Loan Amount and Purpose: Specifies the principal amount and permitted use of the loan funds
5. Interest Rate: Details of the applicable interest rate, calculation method, and payment frequency
6. Repayment Terms: Schedule of repayments, payment methods, and prepayment provisions
7. Security: Details of any security or collateral provided for the loan
8. Conditions Precedent: Conditions that must be satisfied before the loan is disbursed
9. Representations and Warranties: Statements of fact and assurances given by the Borrower
10. Covenants: Ongoing obligations of the Borrower during the loan term
11. Events of Default: Circumstances that constitute default and consequences
12. Remedies: Lender's rights and remedies in case of default
13. Notices: Process and addresses for formal communications between parties
14. General Provisions: Standard boilerplate clauses including governing law, assignment, and amendments
1. Guarantor Provisions: Required when a guarantor is providing additional security for the loan
2. Islamic Banking Provisions: Required for Shariah-compliant loans to ensure compliance with Islamic banking principles
3. Insurance Requirements: Included when specific insurance coverage is required for the loan or security
4. Cross-Default Provisions: Used when the loan is part of a larger financing arrangement
5. Change of Control Provisions: Relevant for corporate borrowers to address ownership changes
6. Currency Provisions: Required when the loan involves foreign currency or multiple currencies
7. Tax Provisions: Detailed tax clauses when complex tax implications exist
8. Joint and Several Liability: Required when there are multiple borrowers
1. Repayment Schedule: Detailed amortization table showing payment dates and amounts
2. Security Details: Specific details of any collateral or security provided
3. Conditions Precedent Documents: List of required documents and conditions to be satisfied
4. Form of Drawdown Notice: Template for the Borrower to request loan disbursement
5. Form of Compliance Certificate: Template for periodic compliance certification by the Borrower
6. Details of Bank Accounts: Specified accounts for disbursement and repayment
7. Property Schedule: Details of any property serving as security (if applicable)
8. Insurance Requirements: Specific insurance requirements and minimum coverage amounts
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Real Estate
Manufacturing
Retail
Construction
Agriculture
Technology
Healthcare
Education
Small & Medium Enterprises
Corporate Finance
Islamic Finance
Relevant Teams
Legal
Finance
Compliance
Credit Risk
Corporate Banking
Treasury
Operations
Islamic Banking
Risk Management
Credit Administration
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Compliance Officer
Credit Risk Manager
Loan Officer
Corporate Banking Manager
Treasury Manager
Financial Controller
Legal Manager
Company Secretary
Credit Analyst
Relationship Manager
Islamic Banking Officer
Risk Assessment Officer
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