The Shareholder Loan Agreement is commonly used in Malaysia when a company requires additional funding and opts to obtain it from its shareholders rather than external financial institutions. This approach can offer more flexible terms and potentially faster access to capital. The document is essential for both private and public companies across various sectors, providing a legally binding framework that protects both the lending shareholder and the borrowing company. It must comply with Malaysian corporate law, particularly the Companies Act 2016, and financial regulations. The agreement typically includes detailed terms about the loan facility, interest calculations, repayment mechanisms, events of default, and any security arrangements. It may also address tax implications and stamp duty requirements under Malaysian law.
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1. Parties: Identifies the shareholder lender and the borrowing company
2. Background: Explains the context of the loan and relationship between parties
3. Definitions: Defines key terms used throughout the agreement
4. Loan Amount and Purpose: Specifies the loan amount and its intended use
5. Interest: Details the interest rate, calculation method, and payment frequency
6. Repayment Terms: Specifies repayment schedule, method, and conditions
7. Representations and Warranties: Standard declarations by both parties about their capacity and authority
8. Covenants: Ongoing obligations of the borrowing company
9. Events of Default: Defines circumstances constituting default
10. Remedies: Actions available to the lender in case of default
11. Notices: Communication requirements and contact details
12. Governing Law: Specifies Malaysian law as governing law
13. Execution: Signature blocks and execution requirements
1. Security: Include when the loan is secured by company assets or guarantees
2. Subordination: Required when the loan needs to be subordinated to other company debt
3. Conversion Rights: Include if the loan can be converted to equity
4. Prepayment: Optional terms for early repayment of the loan
5. Tax Provisions: Specific tax treatment and withholding requirements
6. Assignment: Terms for transferring the loan to another party
7. Information Rights: Additional reporting requirements for the lender
8. Board Rights: Any special governance rights granted to the lender
1. Repayment Schedule: Detailed breakdown of repayment dates and amounts
2. Form of Drawdown Notice: Template for requesting loan disbursements
3. Security Details: Description of any assets or collateral securing the loan
4. Conditions Precedent: List of documents and conditions required before loan effectiveness
5. Existing Indebtedness: Schedule of company's existing loans and obligations
6. Calculation of Interest: Detailed methodology for interest calculations
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Manufacturing
Technology
Real Estate
Retail
Construction
Healthcare
Energy
Agriculture
Transportation
Hospitality
Education
Professional Services
Mining
Telecommunications
Relevant Teams
Legal
Finance
Corporate Secretarial
Treasury
Tax
Compliance
Risk Management
Corporate Development
Investment
Board of Directors
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Finance Director
Company Secretary
Legal Counsel
Corporate Lawyer
Finance Manager
Treasury Manager
Investment Director
Board Director
Shareholder Relations Manager
Corporate Finance Manager
Risk Manager
Compliance Officer
Financial Controller
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