This Financial Contract template is designed for use in Malaysian financial transactions, whether in conventional or Islamic banking contexts. It serves as a foundational document for establishing financial relationships between parties, typically involving funding, investment, or financial services arrangements. The document incorporates key requirements under Malaysian law, including the Financial Services Act 2013, Islamic Financial Services Act 2013, and relevant Bank Negara Malaysia directives. It is particularly useful for financial institutions, corporations, and individuals engaging in regulated financial activities within Malaysia, ensuring compliance with local regulatory requirements while providing clear terms for financial obligations, security arrangements, and enforcement mechanisms. The template accommodates various financial transaction types, from simple lending arrangements to complex financial services agreements, with flexibility to adapt to specific transaction requirements while maintaining regulatory compliance.
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1. Parties: Identification of all contracting parties with full legal names and registration details
2. Background: Context of the financial arrangement and relationship between parties
3. Definitions: Definitions of key terms used throughout the agreement, including financial and technical terms
4. Financial Terms: Core financial obligations including amounts, interest/profit rates, payment terms and schedules
5. Security Arrangements: Details of any collateral, guarantees or security provided
6. Conditions Precedent: Conditions that must be satisfied before the agreement becomes effective
7. Representations and Warranties: Statements of fact and assurances given by each party
8. Covenants: Ongoing obligations of the parties during the term of the agreement
9. Events of Default: Circumstances constituting default and consequences thereof
10. Termination: Circumstances and procedures for ending the agreement
11. Governing Law and Jurisdiction: Confirmation of Malaysian law as governing law and jurisdiction for disputes
12. Execution: Signature blocks and execution formalities
1. Shariah Compliance: Required for Islamic financial contracts, stating compliance with Shariah principles and relevant approvals
2. Anti-Money Laundering Compliance: Specific AML obligations and procedures, required for high-value transactions or when dealing with regulated entities
3. Assignment and Transfer: Include when the rights under the agreement may need to be transferred
4. Force Majeure: Include for longer-term financial arrangements to address unforeseen circumstances
5. Regulatory Compliance: Required when dealing with regulated financial institutions or licensed activities
6. Electronic Execution: Include when agreement may be executed electronically, specifying compliance with Electronic Commerce Act
7. Currency and Exchange Provisions: Required for cross-border transactions or multi-currency facilities
1. Payment Schedule: Detailed breakdown of payment obligations, dates, and amounts
2. Security Details: Detailed description of security assets and registration requirements
3. Calculation Methodology: Formula and examples for calculating interest/profit rates, fees, or other variable amounts
4. Form of Notices: Template forms for key notices under the agreement
5. Conditions Precedent Documents: List of required documents and evidence for conditions precedent
6. Authorized Signatories: List of persons authorized to act under the agreement
7. Fees and Charges: Detailed breakdown of all applicable fees, charges, and commissions
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