Full Recourse Promissory Note for Malaysia

Full Recourse Promissory Note Template for Malaysia

A legally binding financial instrument governed by Malaysian law, specifically the Bills of Exchange Act 1949, where the maker promises to pay a specified sum of money to the payee. This document includes detailed payment terms, interest calculations, and importantly, provides full recourse rights to the lender, allowing them to claim against all assets of the borrower in case of default. The note must comply with Malaysian stamping requirements under the Stamp Act 1949 and can be structured to accommodate both conventional and Islamic financial principles.

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What is a Full Recourse Promissory Note?

A Full Recourse Promissory Note is a crucial financial instrument used in Malaysian business and lending transactions when a formal documentation of debt obligation is required. This document, governed by Malaysian law, particularly the Bills of Exchange Act 1949, represents an unconditional written promise to pay a specific sum of money. It provides comprehensive protection to lenders by allowing them to pursue any and all assets of the borrower in case of default, not just specified collateral. The note typically includes essential elements such as principal amount, interest rate, payment schedule, and maturity date, and must be properly stamped under Malaysian law to be admissible in court. It can be used in both conventional and Islamic financing structures, making it versatile for various business needs in the Malaysian market.

What sections should be included in a Full Recourse Promissory Note?

1. Promise to Pay: Unconditional promise to pay a specific sum of money, including the principal amount in both numbers and words

2. Interest Rate: Specification of the interest rate, calculation method, and payment frequency

3. Payment Terms: Details of when and how payments will be made, including maturity date and payment schedule

4. Place of Payment: Specific location or method where/how payment should be made

5. Maker's Details: Full legal name and address of the person/entity making the promise to pay

6. Payee's Details: Full legal name and address of the person/entity to whom payment is promised

7. Date and Execution: Date of issuance and signature requirements

What sections are optional to include in a Full Recourse Promissory Note?

1. Security: Details of any collateral or security provided - include when the note is secured by specific assets

2. Early Repayment Terms: Conditions and procedures for early repayment - include when early repayment is permitted

3. Default Provisions: Consequences of default and acceleration rights - include when specific default terms are needed

4. Transfer Rights: Terms regarding the transferability of the note - include when the note is intended to be negotiable

5. Governing Law and Jurisdiction: Specific provisions about applicable law and courts - include for cross-border transactions

6. Shariah Compliance: Specific provisions ensuring compliance with Islamic law - include when the note needs to be Shariah-compliant

What schedules should be included in a Full Recourse Promissory Note?

1. Payment Schedule: Detailed schedule of payment dates and amounts if installment payments are involved

2. Security Details: Detailed description of any security or collateral provided, including registration details

3. Calculation of Interest: Detailed methodology for interest calculation if complex interest structures are involved

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

Promissory Note

Sector

Banking

Cost

Free to use
Relevant Industries

Banking and Financial Services

Real Estate

Commercial Lending

Private Equity

Small and Medium Enterprises

Manufacturing

Trading and Distribution

Construction

Agriculture

Technology

Relevant Teams

Legal

Finance

Treasury

Credit

Compliance

Risk Management

Corporate Secretarial

Investment

Business Development

Account Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Manager

Legal Counsel

Corporate Lawyer

Compliance Officer

Risk Manager

Financial Controller

Business Development Manager

Account Manager

Investment Manager

Corporate Secretary

Loan Officer

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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