Loan Facilitation Agreement for Malaysia

Loan Facilitation Agreement Template for Malaysia

A comprehensive agreement governed by Malaysian law that establishes the terms and conditions for loan facilitation services between financial institutions, facilitators, and related service providers. The document addresses key regulatory requirements under the Financial Services Act 2013 and related Malaysian legislation, including compliance with anti-money laundering regulations, data protection requirements, and consumer protection laws. It details the roles, responsibilities, service scope, fee structures, and operational procedures for facilitating loan arrangements in the Malaysian market.

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What is a Loan Facilitation Agreement?

The Loan Facilitation Agreement is essential for businesses providing intermediary services in Malaysia's lending market. It is particularly relevant in the context of Malaysia's growing fintech and digital banking sector, where traditional and innovative lending models coexist. The agreement ensures compliance with Malaysian financial regulations, including the Financial Services Act 2013, Moneylenders Act 1951, and relevant data protection laws. It is typically used when establishing relationships between loan facilitators and financial institutions, defining the scope of facilitation services, compliance requirements, operational procedures, and commercial terms. The document addresses crucial aspects such as regulatory compliance, risk management, data protection, and service level requirements, making it suitable for both traditional and digital lending arrangements in the Malaysian market.

What sections should be included in a Loan Facilitation Agreement?

1. Parties: Identification of the loan facilitator, lenders, and any other relevant parties to the agreement

2. Background: Context of the agreement, business relationship, and purpose of the loan facilitation services

3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation

4. Scope of Services: Detailed description of loan facilitation services to be provided

5. Appointment and Authority: Terms of appointment of the facilitator and scope of authority

6. Facilitator's Obligations: Core responsibilities and duties of the loan facilitator

7. Lender's Obligations: Responsibilities and commitments of the lenders using the facilitation service

8. Fees and Payment Terms: Fee structure, payment schedule, and related financial terms

9. Compliance Requirements: Regulatory compliance obligations including AML/CTF requirements

10. Representations and Warranties: Standard and specific warranties from all parties

11. Confidentiality: Protection and handling of confidential information

12. Data Protection: Compliance with PDPA and data handling procedures

13. Term and Termination: Duration of agreement and termination provisions

14. Liability and Indemnification: Limitation of liability and indemnification obligations

15. Dispute Resolution: Process for handling disputes between parties

16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

What sections are optional to include in a Loan Facilitation Agreement?

1. Technology Platform Terms: Required if the facilitation involves a digital platform or technology solution

2. Credit Assessment Procedures: Include if the facilitator provides credit assessment services

3. Insurance Requirements: Required if specific insurance coverage is necessary for the services

4. Marketing and Referral Terms: Include if the agreement covers marketing or referral services

5. Secondary Market Trading: Required if the facilitation includes secondary trading of loans

6. International Transfers: Include for cross-border loan facilitation services

7. Service Level Agreement: Required if specific performance metrics need to be maintained

What schedules should be included in a Loan Facilitation Agreement?

1. Schedule 1 - Service Description: Detailed breakdown of facilitation services and procedures

2. Schedule 2 - Fee Schedule: Comprehensive fee structure and calculation methods

3. Schedule 3 - Compliance Procedures: Detailed AML/CTF and regulatory compliance procedures

4. Schedule 4 - Required Forms: Standard forms and documents used in the facilitation process

5. Schedule 5 - Technical Requirements: Technical specifications and integration requirements if applicable

6. Schedule 6 - Service Levels: Detailed service level metrics and reporting requirements

7. Appendix A - Data Processing Terms: Detailed terms for handling personal and financial data

8. Appendix B - Security Requirements: Security protocols and requirements for data and operations

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

Financing Agreement

Cost

Free to use
Relevant legal definitions
Relevant Industries

Financial Services

Banking

Fintech

Technology

Peer-to-Peer Lending

Alternative Finance

Digital Banking

Microfinance

Consumer Finance

Business Finance

Relevant Teams

Legal

Compliance

Risk Management

Finance

Operations

Business Development

Partnerships

Credit

Product Development

Information Technology

Customer Service

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Risk Officer

Head of Compliance

Legal Counsel

Head of Lending

Credit Manager

Operations Manager

Business Development Manager

Partnership Manager

Compliance Officer

Risk Manager

Financial Controller

Product Manager

Technology Manager

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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