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Non Refundable Deposit Agreement for Malaysia

Non Refundable Deposit Agreement Template for Malaysia

A Non-Refundable Deposit Agreement under Malaysian law is a legally binding document that establishes the terms and conditions under which one party provides a deposit to another party with the explicit understanding that the deposit amount will not be returned, regardless of whether the underlying transaction proceeds. The agreement, governed by Malaysian contract law and relevant statutes including the Contracts Act 1950, clearly outlines the deposit amount, payment terms, the specific circumstances under which the deposit becomes non-refundable, and the purpose of the deposit in relation to the main transaction. It includes necessary provisions to ensure enforceability within the Malaysian legal framework while protecting the interests of both parties.

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What is a Non Refundable Deposit Agreement?

The Non-Refundable Deposit Agreement is a crucial document used in Malaysian business transactions where one party wishes to secure a commitment from another party through a non-returnable deposit. This agreement type is commonly utilized in property purchases, service contracts, and large-scale commercial transactions within Malaysia. The document must comply with Malaysian contract law principles and should clearly articulate the non-refundable nature of the deposit to prevent future disputes. It typically includes specific details about the deposit amount, payment terms, the circumstances under which the deposit becomes non-refundable, and its relationship to the main transaction. The agreement is particularly important in high-value transactions where parties need to demonstrate serious intent and commitment.

What sections should be included in a Non Refundable Deposit Agreement?

1. Parties: Identifies and defines the parties to the agreement, including their full legal names, addresses, and any registration numbers for companies

2. Background: Sets out the context of the agreement, including the purpose of the deposit and the intended transaction it relates to

3. Definitions: Defines key terms used throughout the agreement

4. Deposit Amount and Payment: Specifies the deposit amount, payment method, and timing of payment

5. Non-Refundable Nature: Clearly states and explains the non-refundable nature of the deposit and circumstances under which this applies

6. Purpose of Deposit: Details what the deposit is securing and how it relates to the main transaction

7. Main Transaction Terms: Outlines the key terms of the transaction the deposit is securing

8. Representations and Warranties: Standard representations and warranties from both parties

9. Termination: Circumstances under which the agreement can be terminated

10. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and establishes jurisdiction for disputes

What sections are optional to include in a Non Refundable Deposit Agreement?

1. Payment Schedule: Include when the deposit is to be paid in installments

2. Conditions Precedent: Include when there are specific conditions that must be met before the deposit becomes non-refundable

3. Security Provisions: Include when additional security measures are required

4. Special Conditions: Include when there are unique circumstances or requirements specific to the transaction

5. Force Majeure: Include when parties want to address extraordinary circumstances that might affect the agreement

6. Assignment: Include when either party may need to transfer their rights or obligations

What schedules should be included in a Non Refundable Deposit Agreement?

1. Payment Details: Detailed breakdown of payment terms, amounts, and banking information

2. Property Description: If the deposit relates to a property transaction, detailed description of the property

3. Timeline: Detailed timeline of key dates and deadlines

4. Required Documents: List of documents required from either party for the main transaction

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

Jurisdiction

Malaysia

Document Type

Deposit Agreement

Sector

Banking

Cost

Free to use

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