Asset Based Loan Agreement for Malaysia

Asset Based Loan Agreement Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes the terms and conditions for a loan facility secured by specific assets of the borrower. The document incorporates requirements under the Malaysian Financial Services Act 2013 and related regulations, detailing the loan amount, interest rates, repayment terms, and security arrangements. It includes provisions for asset valuation, maintenance requirements, insurance obligations, and enforcement rights under Malaysian law, while ensuring compliance with Bank Negara Malaysia guidelines and local security registration requirements.

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What is a Asset Based Loan Agreement?

The Asset Based Loan Agreement is a crucial financing document used in Malaysian business transactions where a lender provides funding secured against specific assets of the borrower. This agreement is commonly utilized when businesses or individuals require financing while retaining operational use of their assets, such as equipment, inventory, or real estate. The document must comply with Malaysian banking regulations, particularly the Financial Services Act 2013 and Bank Negara Malaysia guidelines, while incorporating necessary security provisions under the National Land Code 1965 and Companies Act 2016 where applicable. It serves to protect the interests of both lender and borrower by clearly defining the terms of the loan, security arrangements, maintenance requirements, and enforcement mechanisms.

What sections should be included in a Asset Based Loan Agreement?

1. Parties: Identification of the lender and borrower with complete legal names and registration details

2. Background: Context of the loan arrangement and brief description of the secured assets

3. Definitions and Interpretation: Comprehensive definitions of terms used in the agreement and interpretation rules

4. Facility Amount and Purpose: Details of the loan amount, purpose, and drawdown conditions

5. Security Arrangements: Description of the assets provided as security and the nature of the security interest

6. Conditions Precedent: Prerequisites that must be satisfied before the loan facility becomes available

7. Interest and Fees: Interest rate, calculation method, payment dates, and applicable fees

8. Repayment Terms: Repayment schedule, prepayment provisions, and payment mechanics

9. Representations and Warranties: Statements of fact and assurances given by the borrower

10. Covenants: Positive and negative obligations of the borrower during the loan term

11. Events of Default: Circumstances constituting default and consequences thereof

12. Rights and Remedies: Lender's rights and remedies upon default or breach

13. Asset Maintenance and Insurance: Requirements for maintaining and insuring the secured assets

14. Notices: Communication procedures and contact details

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

What sections are optional to include in a Asset Based Loan Agreement?

1. Guarantees: Required when there are third-party guarantors for the loan

2. Security Trustee Provisions: Needed for syndicated loans or multiple lenders

3. Islamic Banking Provisions: Required when the loan needs to be Shariah-compliant

4. Cross-Default Provisions: Used when the borrower has multiple facilities with the lender

5. Currency Provisions: Required for loans involving foreign currency

6. Tax Provisions: Detailed tax clauses needed for complex corporate loans or cross-border transactions

7. Assignment and Transfer: Required when loan transferability is contemplated

8. Force Majeure: Optional provisions for unforeseen circumstances affecting asset usage or loan servicing

What schedules should be included in a Asset Based Loan Agreement?

1. Schedule 1 - Asset Details: Detailed description and valuation of the secured assets

2. Schedule 2 - Repayment Schedule: Detailed payment dates and amounts

3. Schedule 3 - Conditions Precedent Documents: List of required documents and conditions

4. Schedule 4 - Form of Drawdown Notice: Template for requesting loan disbursements

5. Schedule 5 - Insurance Requirements: Specific insurance requirements for the secured assets

6. Schedule 6 - Security Documents: List and copies of all security documentation

7. Schedule 7 - Fees and Charges: Detailed breakdown of all applicable fees and charges

8. Appendix A - Valuation Report: Independent valuation of the secured assets

9. Appendix B - Asset Registration Documents: Copies of asset ownership and registration documents

Authors

Alex Denne

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

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions
Relevant Industries

Banking and Financial Services

Manufacturing

Construction

Transportation and Logistics

Real Estate

Agriculture

Mining and Resources

Technology and Equipment

Healthcare

Retail and Wholesale

Industrial and Warehousing

Energy and Utilities

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Credit Administration

Corporate Banking

Asset Management

Operations

Security Documentation

Company Secretarial

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Risk Manager

Credit Manager

Loan Officer

Compliance Officer

Treasury Manager

Asset Manager

Financial Controller

Company Secretary

Banking Relationship Manager

Security Documentation Officer

Credit Risk Analyst

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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