The Short Term Investment Agreement serves as a crucial legal instrument in the Malaysian investment landscape, designed to facilitate and govern temporary capital deployments typically ranging from 6 to 24 months. This document is essential when investors seek to make structured short-term investments in Malaysian businesses while maintaining clear legal protection and regulatory compliance. The agreement incorporates specific provisions required under Malaysian law, including compliance with the Capital Markets and Services Act 2007 and, where applicable, Islamic Financial Services Act 2013. It is particularly relevant in scenarios involving quick-turnaround investments, bridge financing, or short-term capital injections, providing a balanced framework that protects both investor and investee interests while ensuring alignment with Malaysian regulatory requirements and market practices.
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1. Parties: Identification of the investor(s) and investee(s), including registration details and addresses
2. Background: Context of the investment, purpose, and brief description of the investment opportunity
3. Definitions: Key terms used throughout the agreement
4. Investment Amount and Terms: Specification of investment amount, payment terms, and investment period
5. Investment Structure: Details of how the investment will be structured (e.g., debt, equity, or hybrid)
6. Returns and Distribution: Terms regarding expected returns, calculation methods, and distribution schedule
7. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority
8. Covenants: Ongoing obligations of both parties during the investment period
9. Events of Default: Circumstances constituting default and consequences
10. Termination: Conditions and process for early termination
11. Governing Law and Jurisdiction: Specification of Malaysian law and jurisdiction
12. Notices: Communication procedures between parties
13. Confidentiality: Protection of sensitive information shared during the investment period
1. Shariah Compliance: Required if the investment needs to comply with Islamic finance principles
2. Security: Include if any collateral or security is being provided for the investment
3. Tag-Along Rights: Optional protection for minority investors in case of ownership changes
4. Put Option: Include if investor has the right to sell back the investment under specific conditions
5. Foreign Investment Provisions: Required if any party is a foreign entity, addressing currency and repatriation issues
6. Tax Provisions: Detailed tax treatment if complex tax implications exist
7. Force Majeure: Include for longer-term investments or where external risks need specific addressing
1. Investment Details: Detailed breakdown of investment amount, tranches, and payment schedule
2. Return Calculation Methodology: Detailed formula and examples for calculating investment returns
3. Due Diligence Documents: List of documents provided by investee for due diligence
4. Compliance Certificates: Required regulatory and compliance certifications
5. Key Performance Indicators: Metrics for measuring investment performance if applicable
6. Form of Notices: Standard templates for formal communications between parties
7. Security Documents: Details of any security or collateral if applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Real Estate
Technology
Manufacturing
Renewable Energy
Agriculture
Healthcare
Infrastructure
Islamic Finance
Private Equity
Venture Capital
SME Development
Relevant Teams
Legal
Compliance
Finance
Investment
Risk Management
Treasury
Corporate Secretarial
Portfolio Management
Islamic Finance
Due Diligence
Relevant Roles
Chief Investment Officer
Investment Manager
Legal Counsel
Compliance Officer
Financial Controller
Risk Manager
Corporate Treasurer
Investment Analyst
Fund Manager
Chief Financial Officer
Company Secretary
Shariah Compliance Officer
Portfolio Manager
Investment Director
Legal Director
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