A Board Resolution For Entering Into Agreement is a crucial corporate governance document required under Malaysian law when a company needs to formally authorize the execution of significant agreements. This document is essential for demonstrating proper corporate authority and decision-making processes, particularly for material contracts, financing arrangements, or strategic partnerships. It must comply with the Companies Act 2016 and typically includes details of the board meeting, the specific agreement being authorized, designated signatories, and any conditions attached to the authorization. The resolution serves as protection for the company, its officers, and third parties by evidencing proper corporate approval and authorization.
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1. Title and Company Details: Full legal name of the company, company registration number, and registered address
2. Date and Venue: Date, time, and location of the board meeting
3. Attendance and Quorum: List of directors present and confirmation of quorum as per company constitution
4. Notice and Meeting Validity: Confirmation that proper notice was given or waived and meeting was validly convened
5. Background: Brief description of the purpose for entering into the agreement and its business context
6. Review of Agreement: Confirmation that the board has reviewed and considered the agreement terms
7. Resolution: The formal resolution text approving the agreement and authorizing its execution
8. Authorization: Specific authorization for designated persons to execute the agreement and related documents
9. Certification: Certification by the Chairman/Company Secretary that the resolution was duly passed
1. Declarations of Interest: Required when any director has a direct or indirect interest in the agreement
2. Special Conditions: Any specific conditions or limitations on the authorization being granted
3. Regulatory Compliance: Specific mentions of compliance with regulatory requirements, needed for regulated industries
4. Related Resolutions: Additional resolutions related to the main agreement, such as opening bank accounts or creating security
5. Ratification: Ratification of any prior actions taken in relation to the agreement, if applicable
1. Schedule 1 - Agreement Details: Summary of key terms of the agreement being authorized
2. Schedule 2 - Authorized Signatories: List of persons authorized to sign with their details and any signing conditions
3. Schedule 3 - Supporting Documents: List of any supporting documents reviewed by the board
4. Appendix A - Company Constitution Extract: Relevant extracts from the company constitution regarding board powers, if referenced
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Manufacturing
Technology
Real Estate
Healthcare
Retail
Construction
Energy
Telecommunications
Professional Services
Transportation
Agriculture
Mining
Education
Relevant Teams
Legal
Corporate Secretariat
Compliance
Corporate Governance
Executive Management
Board Support
Risk Management
Relevant Roles
Board Director
Company Secretary
Chief Executive Officer
Chief Financial Officer
Legal Counsel
Corporate Governance Officer
Compliance Officer
Managing Director
Executive Director
Board Chairman
Corporate Secretary
General Counsel
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