The Money Lending Agreement serves as a crucial legal instrument in Malaysian financial transactions, designed for use when a licensed moneylender provides a loan to an individual or corporate borrower. This document is essential for compliance with the Moneylenders Act 1951 and must be properly executed and stamped under Malaysian law. It encompasses all necessary elements required by Malaysian legislation, including clear identification of parties, loan terms, interest calculations, repayment schedules, and security arrangements. The agreement protects both lender and borrower interests while ensuring regulatory compliance, particularly regarding interest rate caps and disclosure requirements. It's commonly used for business financing, personal loans, and secured lending transactions within Malaysia's jurisdiction.
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1. Parties: Identifies the lender and borrower with complete details as required by the Moneylenders Act 1951
2. Background: Establishes the context of the loan agreement and confirms the lender's licensing status under Malaysian law
3. Definitions: Defines key terms used throughout the agreement, including loan amount, interest rate, and payment terms
4. Loan Amount and Purpose: Specifies the principal amount being lent and the declared purpose of the loan
5. Interest Rate and Calculations: Details the interest rate, calculation method, and compliance with Malaysian interest rate restrictions
6. Repayment Terms: Specifies payment schedule, method of payment, and consequences of early or late payment
7. Borrower's Representations and Warranties: Borrower's confirmations regarding their financial status, legal capacity, and accuracy of provided information
8. Borrower's Covenants: Ongoing obligations of the borrower during the loan term
9. Events of Default: Defines circumstances constituting default and the lender's rights upon default
10. Enforcement and Remedies: Details the lender's rights and remedies in case of default
11. Notices: Specifies how formal communications between parties should be made
12. Governing Law and Jurisdiction: Confirms Malaysian law as governing law and specifies jurisdiction for disputes
1. Security Arrangements: Required when the loan is secured against specific assets or property
2. Guarantor Provisions: Include when a guarantor is providing additional security for the loan
3. Insurance Requirements: Include when specific insurance coverage is required for secured assets or the borrower
4. Assignment and Transfer: Include when either party may need to transfer their rights or obligations
5. Variation of Terms: Include when flexibility for changing loan terms may be needed
6. Force Majeure: Include when protection against unforeseen circumstances is desired
1. Schedule 1 - Loan Details: Detailed breakdown of loan amount, interest calculations, and fees
2. Schedule 2 - Repayment Schedule: Detailed payment schedule showing installment amounts and due dates
3. Schedule 3 - Security Details: Description of any security or collateral provided for the loan
4. Schedule 4 - Conditions Precedent: List of conditions that must be satisfied before loan disbursement
5. Appendix A - Required Documents: List of documents required from the borrower
6. Appendix B - Form of Notice: Standard forms for various notices under the agreement
Relevant legal definitions
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Relevant Industries
Financial Services
Banking
Small and Medium Enterprises
Real Estate
Construction
Retail
Manufacturing
Agriculture
Technology
Professional Services
Relevant Teams
Legal
Finance
Compliance
Risk Management
Credit Assessment
Collections
Business Development
Corporate Secretarial
Operations
Treasury
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Finance Manager
Compliance Officer
Credit Risk Manager
Loan Officer
Contract Administrator
Company Secretary
Chief Financial Officer
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Collections Manager
Business Development Manager
Financial Controller
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