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Exclusive Option Agreement Template for Malaysia

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Key Requirements PROMPT example:

Exclusive Option Agreement

"I need an Exclusive Option Agreement for a commercial property purchase in Kuala Lumpur, with a 6-month option period starting from January 15, 2025, and an option fee of RM 500,000."

Document background
The Exclusive Option Agreement is a crucial legal instrument in Malaysian commercial practice, typically used when one party wishes to secure exclusive rights to potentially acquire assets, shares, or other rights in the future. This document is particularly valuable in scenarios where parties need time to conduct due diligence, arrange financing, or obtain regulatory approvals before completing a transaction. The agreement must comply with Malaysian legal requirements, particularly the Contracts Act 1950, and typically includes detailed provisions on option exercise mechanisms, consideration, exclusivity periods, and conditions precedent. It's commonly used in real estate transactions, corporate acquisitions, and strategic business arrangements where securing exclusive rights is crucial for commercial success.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement - the option grantor and the option holder

2. Background: Context of the agreement, relationship between parties, and purpose of the option arrangement

3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpreting the agreement

4. Grant of Option: Core provision detailing the exclusive option rights being granted

5. Option Period: Duration of the option, including start date and expiry date

6. Option Fee: Amount payable for the option and payment terms

7. Exercise of Option: Process and requirements for exercising the option

8. Exclusivity Obligations: Grantor's obligations regarding exclusivity and restrictions during the option period

9. Representations and Warranties: Statements of fact and assurances from both parties

10. Confidentiality: Obligations regarding confidential information

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

12. General Provisions: Standard boilerplate clauses including notices, governing law, etc.

Optional Sections

1. Due Diligence: Rights and process for conducting due diligence investigations, typically included for complex assets

2. Intellectual Property: Specific provisions relating to IP rights, needed if the option involves IP assets

3. Property Access: Terms for accessing and inspecting property, included for real estate options

4. Regulatory Compliance: Specific regulatory requirements, included if the subject matter is regulated

5. Employee Matters: Provisions relating to employees, included if the option involves business acquisition

6. Tax Matters: Special tax considerations and allocations, included for complex transactions

7. Competition Compliance: Specific provisions ensuring compliance with competition laws, included for market-sensitive deals

Suggested Schedules

1. Description of Option Subject Matter: Detailed description of the asset, shares, property or rights subject to the option

2. Option Exercise Notice: Pro-forma notice for exercising the option

3. Purchase Price Calculation: Formula or methodology for calculating the purchase price upon exercise

4. Form of Definitive Agreement: Draft of the agreement to be executed upon exercise of the option

5. Due Diligence Requirements: List of required due diligence items and procedures

6. Existing Encumbrances: List of any existing encumbrances or restrictions on the option subject matter

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




























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Relevant Industries

Real Estate

Manufacturing

Technology

Mining and Resources

Agriculture

Retail and Consumer

Financial Services

Healthcare

Energy

Telecommunications

Entertainment and Media

Construction and Infrastructure

Relevant Teams

Legal

Corporate Development

Mergers & Acquisitions

Real Estate

Business Development

Finance

Risk Management

Compliance

Strategic Planning

Property Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Corporate Lawyer

Business Development Manager

Real Estate Manager

Investment Manager

Commercial Director

Property Director

Mergers & Acquisitions Manager

Contract Manager

Risk Manager

Company Secretary

Strategic Planning Director

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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