This document is essential when engaging individuals who provide services through their own corporate entities in Malaysia. A Loan Out Agreement is commonly used in professional services, entertainment, and consulting sectors where individuals prefer to operate through their own companies for tax efficiency and liability protection. The agreement needs to comply with Malaysian law, particularly the Contracts Act 1950, Employment Act 1955, and Companies Act 2016. It typically includes detailed provisions about service scope, compensation, intellectual property rights, confidentiality, and termination terms, while clearly establishing the relationship between the loan out company, the individual service provider, and the engaging company.
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1. Parties: Identifies the loan out company, the individual service provider, and the engaging company
2. Background: Sets out the context of the agreement, including that the individual provides services through their loan out company
3. Definitions: Defines key terms used throughout the agreement
4. Engagement: Specifies the terms under which the loan out company is engaged to provide the individual's services
5. Services: Detailed description of the services to be provided by the individual through the loan out company
6. Term: Duration of the agreement, including start date and any renewal provisions
7. Payment Terms: Compensation, payment schedule, expenses, and tax considerations
8. Obligations of the Loan Out Company: Responsibilities and warranties of the loan out company
9. Obligations of the Individual: Specific duties, availability, and conduct requirements of the individual
10. Intellectual Property: Ownership and assignment of work product and pre-existing IP
11. Confidentiality: Protection of confidential information and trade secrets
12. Non-Competition and Non-Solicitation: Restrictions on competitive activities and solicitation of employees/clients
13. Termination: Grounds for termination and consequences
14. General Provisions: Standard boilerplate clauses including governing law, notices, and amendments
1. Insurance: Required when specific insurance coverage needs to be maintained by the loan out company
2. Equipment and Resources: Include when specific equipment or resources are provided or required
3. Performance Metrics: Used when specific performance standards or KPIs need to be met
4. International Services: Include for services provided across multiple jurisdictions
5. Health and Safety: Required for services involving physical presence or specific safety requirements
6. Moral Rights: Include for creative or artistic services where moral rights may be relevant
7. Force Majeure: Optional clause for unforeseeable circumstances preventing performance
1. Schedule 1 - Services Description: Detailed scope of services and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment structure, and any bonus arrangements
3. Schedule 3 - Key Personnel: Details of the individual service provider and any approved substitutes
4. Schedule 4 - Company Policies: Relevant policies of the engaging company that must be complied with
5. Appendix A - Performance Criteria: Specific metrics and standards for evaluating service delivery
6. Appendix B - Equipment List: Inventory of any equipment provided or required
Relevant legal definitions
Clauses
Relevant Industries
Entertainment and Media
Professional Services
Information Technology
Management Consulting
Creative Industries
Healthcare
Engineering
Education and Training
Financial Services
Sports and Recreation
Relevant Teams
Legal
Human Resources
Finance
Procurement
Operations
Project Management Office
Talent Acquisition
Compliance
Contract Administration
Relevant Roles
Consultant
Independent Contractor
Professional Service Provider
Artist
Performer
Executive
Specialist
Technical Expert
Creative Director
Project Manager
Senior Advisor
Healthcare Professional
Software Developer
Engineering Consultant
Financial Advisor
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