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Promissory Contract for Malaysia

Promissory Contract Template for Malaysia

A Malaysian promissory contract is a formal legal document governed by Malaysian law, particularly the Contracts Act 1950 and Bills of Exchange Act 1949, wherein one party (the promisor) makes a written, unconditional promise to pay a specific sum of money to another party (the promisee) at a predetermined time or on demand. The document includes essential elements such as payment terms, interest rates, default provisions, and security arrangements if applicable. It must comply with Malaysian stamping requirements and can be used in various commercial and personal contexts, providing a legally enforceable instrument for monetary obligations.

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What is a Promissory Contract?

The Promissory Contract serves as a fundamental financial instrument in Malaysian business and personal transactions, providing a legally binding commitment for monetary obligations. This document type is commonly used in situations requiring formal documentation of debt, payment arrangements, or financial commitments between parties. It must comply with Malaysian legislation, including the Contracts Act 1950, Bills of Exchange Act 1949, and Stamp Act 1949. The document typically includes specific payment terms, interest calculations, security arrangements (if any), and default provisions. Promissory Contracts are particularly valuable in business financing, real estate transactions, and structured payment arrangements, offering legal protection for both the promisor and promisee while ensuring clarity and enforceability of the payment obligation.

What sections should be included in a Promissory Contract?

1. Parties: Identification of the promisor (maker) and promisee (payee) with full legal names and addresses

2. Background: Context of the promissory contract, including the relationship between parties and purpose of the promise

3. Definitions: Key terms used throughout the document defined for clarity and legal certainty

4. Promise to Pay: Clear, unconditional promise to pay a specific sum of money, as required by the Bills of Exchange Act

5. Payment Terms: Detailed payment schedule, interest rate, and method of payment

6. Events of Default: Circumstances that constitute default and consequences thereof

7. Representations and Warranties: Statements of fact and promises made by the promisor regarding their capacity and authority

8. Notices: Methods and addresses for formal communications between parties

9. Governing Law: Specification of Malaysian law as governing law and jurisdiction

10. Execution: Signature blocks and witnessing requirements

What sections are optional to include in a Promissory Contract?

1. Security Arrangements: Include when the promise is secured by collateral or guarantees

2. Acceleration Clause: Include when early payment can be demanded upon specific triggers

3. Assignment: Include when the right to transfer or assign the promissory contract needs to be addressed

4. Prepayment Terms: Include when early payment options and any associated penalties need to be specified

5. Guarantor Provisions: Include when a third party is guaranteeing the promise

6. Force Majeure: Include when certain circumstances might affect the ability to pay

7. Stamp Duty Declaration: Include when specific stamp duty compliance needs to be acknowledged

What schedules should be included in a Promissory Contract?

1. Payment Schedule: Detailed breakdown of payment dates, amounts, and interest calculations

2. Security Details: Description and documentation of any collateral or security provided

3. Calculation Methods: Detailed explanation of interest rate calculations or payment adjustments

4. Related Agreements: List and copies of any related agreements referenced in the main document

5. Guarantor Documents: Guarantor identification and certification documents when applicable

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

Promissory Note

Sector

Banking

Cost

Free to use

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