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Loan Collateral Agreement Template for Malaysia

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Key Requirements PROMPT example:

Loan Collateral Agreement

"I need a Loan Collateral Agreement for a RM 5 million corporate loan secured by commercial property in Kuala Lumpur, with the borrower being a technology company and featuring standard Malaysian bank security provisions and land charge requirements."

Document background
The Loan Collateral Agreement serves as a crucial document in Malaysian secured lending transactions, establishing the legal framework for securing loans with specific assets or property. This agreement is essential when a lender requires security for a loan facility, whether for corporate financing, property acquisition, or business expansion. The document must comply with Malaysian legislation, including the Financial Services Act 2013, Contracts Act 1950, and where applicable, the National Land Code 1965. It details the creation and perfection of security interests, describes the collateral, outlines the parties' rights and obligations, and specifies enforcement mechanisms in case of default. The agreement is particularly important in the Malaysian context where secured lending forms a significant portion of financial transactions and requires careful consideration of local property and security laws.
Suggested Sections

1. Parties: Identification of the lender, borrower, and any security providers

2. Background: Context of the loan facility and purpose of the security arrangement

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Grant of Security: Creation and terms of the security interest over the collateral

5. Representations and Warranties: Statements about ownership, authority, and status of the collateral

6. Security Provider Covenants: Obligations regarding maintenance and protection of the collateral

7. Events of Default: Circumstances triggering enforcement rights

8. Enforcement Rights: Lender's rights and remedies upon default

9. Power of Attorney: Appointment of lender as attorney for enforcement purposes

10. Payments and Application: Rules for applying proceeds from collateral

11. General Provisions: Standard clauses including notices, amendments, governing law

Optional Sections

1. Insurance Requirements: Specific insurance obligations when collateral requires insurance coverage

2. Third Party Rights: Required when there are identifiable third parties who may have rights under the agreement

3. Security Margin Maintenance: For financial instruments or assets requiring margin maintenance

4. Custodian Provisions: When collateral is held by a third-party custodian

5. Further Advances: When the security may secure additional future loans

6. Cross-Default: When security is linked to multiple facilities or agreements

7. Priority Arrangements: When there are multiple security interests or lenders

Suggested Schedules

1. Schedule 1 - Description of Collateral: Detailed description and particulars of the secured assets

2. Schedule 2 - Form of Notice: Standard forms for notices to third parties or authorities

3. Schedule 3 - Perfection Requirements: Specific actions required to perfect the security interest

4. Schedule 4 - Existing Security Interests: List of any permitted existing security interests over the collateral

5. Schedule 5 - Form of Transfer Certificate: Standard form for transferring rights under the agreement

6. Appendix A - Related Loan Agreement Details: Summary of the main loan agreement terms

7. Appendix B - Registration Requirements: Details of necessary registrations with authorities

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

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Relevant Industries

Banking and Financial Services

Real Estate

Manufacturing

Agriculture

Construction

Retail

Technology

Energy

Healthcare

Transportation and Logistics

Mining and Resources

Education

Hospitality

Relevant Teams

Legal

Finance

Risk Management

Compliance

Credit

Corporate Secretarial

Treasury

Operations

Portfolio Management

Business Development

Relevant Roles

Legal Counsel

Finance Manager

Credit Risk Officer

Loan Officer

Compliance Officer

Corporate Secretary

Chief Financial Officer

Risk Manager

Banking Relationship Manager

Security Trustee

Portfolio Manager

Credit Analyst

Legal Director

Treasury 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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