The Loan Agreement With Notary is a crucial legal instrument used in Malaysian financing transactions where parties seek additional security and authenticity in their lending arrangements. This document is particularly relevant for significant loans, property financing, or when required by regulatory requirements. The agreement combines standard loan provisions with notarial authentication, making it especially valuable for cross-border transactions or high-value domestic loans. The involvement of a notary public, regulated under Malaysian law, provides an additional layer of security and helps prevent fraud by verifying the identities of signing parties and witnessing the execution. This type of agreement is commonly used by financial institutions, private lenders, and businesses seeking to document their lending arrangements with maximum legal protection under Malaysian jurisdiction.
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1. Parties: Identification of the lender and borrower with complete details including registration/ID numbers and addresses
2. Background: Context of the loan arrangement and purpose of the facility
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the principal amount and permitted use of the loan funds
5. Interest Rate and Calculations: Details of interest rate, calculation method, and payment frequency
6. Repayment Terms: Schedule of repayments, payment methods, and prepayment provisions
7. Conditions Precedent: Conditions that must be satisfied before loan disbursement
8. Representations and Warranties: Statements of fact and assurances given by the borrower
9. Covenants: Ongoing obligations of the borrower during the loan term
10. Events of Default: Circumstances that constitute default and consequences thereof
11. Notarization Clause: Specific provisions regarding notarization requirements and process
12. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction for disputes
13. Execution: Signature blocks for parties and notary attestation
1. Security Arrangements: Required when the loan is secured by collateral or assets
2. Guarantees: Include when there are third-party guarantors for the loan
3. Insurance Requirements: Necessary when specific insurance coverage is required for secured assets
4. Disbursement Mechanics: For loans with multiple drawdowns or specific disbursement conditions
5. Assignment and Transfer: Include if the loan may be assigned or transferred to other parties
6. Tax Provisions: Required when specific tax considerations need to be addressed
7. Force Majeure: Optional clause dealing with unforeseen circumstances affecting loan performance
8. Appointment of Agent: Include when a loan agent or facility agent is involved
1. Repayment Schedule: Detailed amortization table showing payment dates and amounts
2. Conditions Precedent Documents: List of required documents and conditions for loan disbursement
3. Security Documents: Details of collateral and security arrangements if applicable
4. Form of Drawdown Notice: Standard format for requesting loan disbursements
5. Fee Schedule: Breakdown of all applicable fees and charges
6. Authorized Signatories: List of persons authorized to act on behalf of each party
7. Property Details: If loan is secured against property, detailed property description
8. Compliance Certificates: Template forms for ongoing compliance reporting
Relevant legal definitions
Agreement
Authorized Signatory
Bank Negara Malaysia
Borrower
Business Day
Conditions Precedent
Default Interest
Default Rate
Disbursement Date
Drawing Notice
Encumbrance
Event of Default
Facility
Final Repayment Date
Financial Indebtedness
Governing Law
Identity Card
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Material Adverse Effect
Notary Public
Notice
Outstanding Amount
Parties
Payment Date
Principal Amount
Repayment Schedule
Ringgit Malaysia
Security
Security Document
Stamp Duty
Tax
Transaction Documents
Upfront Fee
Warranties
Authorized Signatory
Bank Negara Malaysia
Borrower
Business Day
Conditions Precedent
Default Interest
Default Rate
Disbursement Date
Drawing Notice
Encumbrance
Event of Default
Facility
Final Repayment Date
Financial Indebtedness
Governing Law
Identity Card
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Material Adverse Effect
Notary Public
Notice
Outstanding Amount
Parties
Payment Date
Principal Amount
Repayment Schedule
Ringgit Malaysia
Security
Security Document
Stamp Duty
Tax
Transaction Documents
Upfront Fee
Warranties
Clauses
Parties
Definitions
Interpretation
Loan Facility
Interest
Repayment
Security
Conditions Precedent
Disbursement
Representations and Warranties
Covenants
Events of Default
Remedies
Payment Mechanics
Set-off
Assignment
Confidentiality
Notices
Costs and Expenses
Indemnification
Force Majeure
Amendment
Severability
Waiver
Counterparts
Notarization
Governing Law
Dispute Resolution
Entire Agreement
Definitions
Interpretation
Loan Facility
Interest
Repayment
Security
Conditions Precedent
Disbursement
Representations and Warranties
Covenants
Events of Default
Remedies
Payment Mechanics
Set-off
Assignment
Confidentiality
Notices
Costs and Expenses
Indemnification
Force Majeure
Amendment
Severability
Waiver
Counterparts
Notarization
Governing Law
Dispute Resolution
Entire Agreement
Relevant Industries
Banking & Financial Services
Real Estate & Property
Corporate Finance
Small & Medium Enterprises
Manufacturing
Agriculture
Construction
Retail
Technology
Healthcare
Education
Relevant Teams
Legal
Finance
Compliance
Risk Management
Treasury
Credit Administration
Corporate Secretarial
Banking Operations
Document Management
Corporate Finance
Relevant Roles
Legal Counsel
Corporate Lawyer
Finance Manager
Credit Officer
Loan Officer
Compliance Officer
Risk Manager
Company Secretary
Chief Financial Officer
Treasury Manager
Banking Operations Manager
Notary Public
Contract Administrator
Legal Director
Finance Director
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