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Forward Funding Agreement Template for Malaysia

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Key Requirements PROMPT example:

Forward Funding Agreement

"I need a Forward Funding Agreement for a Malaysian mixed-use development project in Kuala Lumpur, with development completion targeted for March 2025, where an institutional investor will provide staged funding of MYR 500 million to the developer."

Document background
The Forward Funding Agreement is a crucial document in Malaysian property development, used when investors wish to fund a development project from its early stages rather than purchasing a completed asset. This arrangement is particularly relevant in Malaysia's dynamic real estate market, where developers often seek alternative funding sources for large-scale projects. The agreement typically covers land acquisition, development funding, construction obligations, and completion requirements, all while ensuring compliance with Malaysian banking, property, and construction regulations. It includes detailed provisions for drawdown mechanisms, development monitoring, and risk management, making it essential for significant commercial, residential, or mixed-use development projects.
Suggested Sections

1. Parties: Identification of the funder and developer/seller

2. Background: Context of the development project and purpose of the forward funding arrangement

3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation

4. Agreement to Fund: Core obligations of the funder to provide funding and conditions precedent

5. Funding Mechanics: Details of how and when funding will be provided, including drawdown procedures

6. Development Obligations: Developer's obligations regarding the construction and completion of the project

7. Project Monitoring: Rights of the funder to monitor construction progress and development milestones

8. Payment Provisions: Payment structure, including land acquisition costs, development costs, and profit share if applicable

9. Construction Timeline: Key dates, milestones, and completion requirements

10. Warranties and Representations: Standard and specific warranties from both parties

11. Insurance Requirements: Required insurance coverage for the project and parties

12. Default and Termination: Events of default, consequences, and termination rights

13. Boilerplate Provisions: Standard contractual provisions including notices, governing law, and dispute resolution

Optional Sections

1. Pre-letting Requirements: Used when the agreement requires certain pre-letting conditions to be met

2. Income Guarantee: Include when the developer provides rental or income guarantees

3. Environmental Provisions: Required for projects with specific environmental concerns or requirements

4. Islamic Finance Compliance: Include when the funding structure needs to comply with Shariah principles

5. Multiple Phase Development: Used for projects with multiple development phases

6. Third Party Rights: Include when there are relevant third party interests or rights

7. Cost Overrun Protection: Optional provisions for managing cost overruns and additional funding requirements

Suggested Schedules

1. Property Description: Detailed description of the development site and property

2. Development Specifications: Detailed technical specifications for the development

3. Funding Schedule: Detailed breakdown of funding tranches and payment milestones

4. Form of Drawdown Notice: Template for requesting funding drawdowns

5. Construction Program: Detailed construction timeline and milestones

6. Professional Team: Details of architects, contractors, and other professional consultants

7. Forms of Collateral Warranties: Standard forms for contractor and consultant warranties

8. Permitted Encumbrances: List of permitted encumbrances on the property

9. Required Insurances: Detailed insurance requirements and specifications

10. Form of Certificates: Templates for various certificates required under the agreement

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












































Clauses






























Relevant Industries

Real Estate

Construction

Banking and Finance

Property Development

Infrastructure

Commercial Property

Retail Development

Industrial Development

Mixed-use Development

Investment Management

Relevant Teams

Legal

Finance

Real Estate

Development

Risk Management

Investment

Construction

Commercial

Property Management

Treasury

Relevant Roles

Development Director

Investment Manager

Chief Financial Officer

Project Manager

Construction Manager

Real Estate Lawyer

Finance Director

Risk Manager

Property Director

Fund Manager

Commercial Director

Development Manager

Asset Manager

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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