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Trade Finance Agreement Template for Malaysia

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Key Requirements PROMPT example:

Trade Finance Agreement

"I need a Trade Finance Agreement for my manufacturing company based in Penang, Malaysia, with HSBC Malaysia as the lender for a USD 5 million letter of credit facility to support our electronics component imports from Taiwan."

Document background
The Trade Finance Agreement serves as the primary legal framework for trade finance facilities in Malaysia, enabling businesses to access various trade finance products and services from financial institutions. This document is essential when companies require financing for international trade activities such as import/export operations, supply chain financing, or working capital for trade-related activities. The agreement must comply with Malaysian banking regulations, including the Financial Services Act 2013 and relevant Bank Negara Malaysia directives, while also considering international trade practices and standards. It becomes particularly relevant when businesses need letter of credit facilities, bank guarantees, trade loans, or other trade finance products to support their cross-border trading activities.
Suggested Sections

1. Parties: Identifies and defines the financial institution(s) and the customer(s), including their registered addresses and registration numbers

2. Background: Sets out the context of the agreement, including the nature of the customer's business and their trade finance requirements

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Facility Terms: Details the type, amount, and purpose of the trade finance facility

5. Conditions Precedent: Lists the conditions that must be satisfied before the facility becomes available

6. Utilization: Specifies how and when the customer can access the facility

7. Interest and Fees: Details all applicable interest rates, fees, and charges

8. Repayment Terms: Specifies repayment obligations, schedules, and mechanisms

9. Security: Outlines the security arrangements required for the facility

10. Representations and Warranties: Lists the customer's confirmations about their legal and financial status

11. Covenants: Sets out the customer's ongoing obligations throughout the facility period

12. Events of Default: Defines circumstances that would constitute a default and the consequences

13. Bank's Rights and Remedies: Outlines the bank's powers and remedies in various circumstances

14. General Provisions: Contains standard clauses on notices, amendments, assignments, etc.

15. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and establishes jurisdiction

Optional Sections

1. Islamic Finance Provisions: Required when the facility is Shariah-compliant, detailing specific Islamic finance structures and requirements

2. Syndication Provisions: Needed when multiple lenders are involved, detailing the relationships between lenders

3. Foreign Exchange Provisions: Required when the facility involves multiple currencies or foreign exchange transactions

4. Digital Platform Terms: Needed when the trade finance facility involves use of electronic platforms or systems

5. Insurance Requirements: Detailed insurance provisions when specific insurance coverage is critical to the facility

6. Agency Provisions: Required when an agent bank is appointed to act on behalf of multiple lenders

7. Counter-Indemnity: Needed for facilities involving guarantees or standby letters of credit

Suggested Schedules

1. Facility Particulars: Detailed breakdown of facility limits, sub-limits, and specific terms

2. Fee Schedule: Comprehensive list of all fees, charges, and commission rates

3. Security Documents: List and copies of all security documents required

4. Condition Precedent Documents: Checklist of all required documents and evidence

5. Utilization Request Forms: Standard forms for requesting drawdown or utilization of the facility

6. Compliance Certificate: Template for periodic compliance certification

7. Pricing Schedule: Detailed pricing mechanisms and calculations

8. Approved Trade Finance Products: List and description of permitted trade finance products under the facility

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

Banking and Financial Services

International Trade

Manufacturing

Import/Export

Commodities Trading

Wholesale Distribution

Logistics and Supply Chain

Maritime and Shipping

Agriculture and Food

Textiles and Apparel

Electronics and Technology

Oil and Gas

Relevant Teams

Legal

Finance

Treasury

Trade Operations

Risk Management

Compliance

Credit

Corporate Banking

International Banking

Trade Processing

Documentary Credits

Transaction Banking

Relevant Roles

Chief Financial Officer

Treasury Manager

Trade Finance Manager

Finance Director

Corporate Banking Manager

Trade Operations Manager

Risk Manager

Compliance Officer

Legal Counsel

Credit Manager

Relationship Manager

Financial Controller

Import/Export Manager

Supply Chain 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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