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Loan And Mortgage Agreement for Malaysia

Loan And Mortgage Agreement Template for Malaysia

A comprehensive legal document governed by Malaysian law that combines a loan facility agreement with a mortgage/charge over real property as security. The agreement is structured to comply with the National Land Code 1965, Financial Services Act 2013, and other relevant Malaysian legislation. It details the terms of the loan, including amount, interest, repayment schedule, and events of default, while simultaneously creating a security interest over the specified property. The document includes provisions for both conventional and Islamic financing options, reflecting Malaysia's dual banking system, and incorporates mandatory requirements for property charges under Malaysian land law.

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Loan And Mortgage Agreement

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What is a Loan And Mortgage Agreement?

The Loan and Mortgage Agreement is a fundamental document in Malaysian property financing, used when a lender provides funding secured against real estate. This agreement is essential for both residential and commercial property transactions in Malaysia, combining the loan facility terms with the creation of a security interest over the property. It must comply with various Malaysian legislation, including the National Land Code 1965, Financial Services Act 2013, and where applicable, the Islamic Financial Services Act 2013. The document is structured to accommodate Malaysia's dual banking system, allowing for both conventional and Islamic financing options. It includes mandatory provisions required by Malaysian law for creating enforceable security interests in real property, along with comprehensive loan terms, conditions precedent, and enforcement mechanisms.

What sections should be included in a Loan And Mortgage Agreement?

1. Parties: Identifies and defines the Lender, Borrower, and any other relevant parties to the agreement

2. Background: Recitals explaining the context of the loan and the security arrangement

3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out interpretation rules

4. Loan Facility: Details of the loan amount, purpose, and drawdown conditions

5. Interest and Fees: Specifies interest rate, calculation method, and applicable fees

6. Repayment Terms: Sets out payment schedule, prepayment provisions, and default interest

7. Security: Details of the mortgage/charge over the property and its creation

8. Borrower's Representations and Warranties: Statements of fact and assurances given by the borrower

9. Borrower's Covenants: Positive and negative obligations of the borrower during the loan term

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

11. Lender's Rights and Remedies: Powers and remedies available to the lender upon default

12. Insurance: Requirements for property insurance and assignment of policies

13. Costs and Expenses: Allocation of legal fees, stamp duty, and other costs

14. Notices: Process for giving formal notices under the agreement

15. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and assignment

What sections are optional to include in a Loan And Mortgage Agreement?

1. Guarantee: Required when there is a guarantor securing the loan obligations

2. Islamic Banking Provisions: Required for Shariah-compliant financing structures

3. Security Trustee: Needed when there are multiple lenders requiring a security trustee arrangement

4. Additional Security: Required when other assets besides the primary property are being charged

5. Construction Provisions: Needed when the loan is for property under construction

6. Variation of Terms: Required when the agreement amends an existing facility

7. Cross-Default: Optional provisions linking defaults under other facilities

8. Foreign Currency Provisions: Required when the loan is in a currency other than Malaysian Ringgit

What schedules should be included in a Loan And Mortgage Agreement?

1. Property Details: Legal description of the mortgaged property including title particulars

2. Repayment Schedule: Detailed payment schedule showing installment amounts and dates

3. Conditions Precedent: List of documents and conditions required before drawdown

4. Form of Drawdown Notice: Template for requesting disbursement of the loan

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

6. Insurance Requirements: Specific insurance requirements and minimum coverage

7. Standard Form Charge/Mortgage: The statutory form of charge/mortgage under the National Land Code

8. Power of Attorney: Form of power of attorney in favor of the lender for security enforcement

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 & Financial Services

Real Estate & Property

Construction & Development

Islamic Banking

Legal Services

Insurance

Mortgage Services

Property Development

Commercial Property

Residential Property

Relevant Teams

Legal

Credit Risk

Compliance

Real Estate

Mortgage Operations

Islamic Banking

Property Services

Loan Administration

Security Documentation

Credit Assessment

Relevant Roles

Legal Counsel

Bank Manager

Mortgage Officer

Credit Risk Manager

Property Lawyer

Compliance Officer

Real Estate Manager

Financial Advisor

Islamic Banking Specialist

Loan Officer

Property Valuation Expert

Security Documentation Specialist

Credit Analyst

Banking Operations Manager

Real Estate Developer

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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