The Property Loan Note is a fundamental document in Malaysian property financing, used to formalize and document property-secured lending arrangements between financial institutions and borrowers. It serves as the primary loan documentation for property purchases, refinancing, or other property-backed facilities in Malaysia. The document must comply with Malaysian banking regulations, including the Financial Services Act 2013, National Land Code 1965, and where applicable, Islamic banking principles. A Property Loan Note typically includes comprehensive details about the loan facility, property security, repayment terms, borrower obligations, and enforcement rights, making it essential for property transactions involving institutional lending in Malaysia. The document's structure and content are designed to protect both lender and borrower interests while ensuring enforceability under Malaysian law.
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1. Parties: Identification of the Lender and Borrower with full legal names and addresses
2. Background: Context of the loan, including property details and purpose of the facility
3. Definitions: Key terms used throughout the document, including financial and property-related definitions
4. Facility Amount and Purpose: Details of the loan amount, purpose, and any specific conditions for drawdown
5. Interest Rate and Calculations: Specification of interest rate, calculation method, and review periods
6. Repayment Terms: Payment schedule, installment amounts, and payment mechanisms
7. Security: Details of the property and other security arrangements securing the loan
8. Representations and Warranties: Standard declarations by the borrower regarding their capacity and the property
9. Covenants: Positive and negative obligations of the borrower during the loan term
10. Events of Default: Circumstances constituting default and consequences thereof
11. Enforcement Rights: Lender's rights and remedies upon default, including property enforcement
12. Notices: Communication methods and addresses for formal notices
13. Governing Law and Jurisdiction: Confirmation of Malaysian law application and jurisdiction
1. Insurance Requirements: Detailed insurance obligations - include if property insurance is managed through the lender
2. Islamic Banking Provisions: Include for Shariah-compliant loans with specific Islamic banking requirements
3. Guarantor Provisions: Include when there are third-party guarantors for the loan
4. Property Development Conditions: Include for properties under construction with stage payment arrangements
5. Foreign Exchange Provisions: Include when the borrower is foreign or loan involves foreign currency
6. Special Conditions: Include when there are specific conditions imposed by the lender or required by regulations
1. Property Schedule: Detailed description of the property including title details
2. Payment Schedule: Detailed repayment schedule with installment amounts and dates
3. Conditions Precedent: List of documents and conditions required before loan disbursement
4. Standard Terms and Conditions: Bank's standard terms and conditions for property loans
5. Fee Schedule: Breakdown of all applicable fees, charges, and costs
6. Security Documents: List of security documents executed or to be executed
7. Special Conditions Appendix: Any special terms or conditions specific to this loan
Relevant legal definitions
Account
Additional Interest
Base Lending Rate
Borrower
Business Day
Charge
Charged Property
Commencement Date
Default Interest
Default Rate
Disposal
Drawdown
Drawdown Date
Drawdown Notice
Encumbrance
Event of Default
Facility
Final Repayment Date
Financial Indebtedness
Identity Card
Installment
Interest Period
Interest Rate
Land Registry
Legal Charge
Lender
Loan
Material Adverse Effect
Month
National Land Code
Outstanding Amount
Payment Date
Prepayment
Principal
Property
Purchase Price
Purpose
Repayment Schedule
Security
Security Documents
Security Interest
Security Party
Stamp Act
Tax
Term
Title
Valuation Report
Additional Interest
Base Lending Rate
Borrower
Business Day
Charge
Charged Property
Commencement Date
Default Interest
Default Rate
Disposal
Drawdown
Drawdown Date
Drawdown Notice
Encumbrance
Event of Default
Facility
Final Repayment Date
Financial Indebtedness
Identity Card
Installment
Interest Period
Interest Rate
Land Registry
Legal Charge
Lender
Loan
Material Adverse Effect
Month
National Land Code
Outstanding Amount
Payment Date
Prepayment
Principal
Property
Purchase Price
Purpose
Repayment Schedule
Security
Security Documents
Security Interest
Security Party
Stamp Act
Tax
Term
Title
Valuation Report
Clauses
Interpretation
Facility Terms
Interest
Repayment
Security
Conditions Precedent
Representations and Warranties
Positive Covenants
Negative Covenants
Property Covenants
Events of Default
Enforcement
Assignment
Set-Off
Indemnity
Costs and Expenses
Notices
Confidentiality
Force Majeure
Amendment
Severability
Waiver
Further Assurance
Counterparts
Governing Law
Jurisdiction
Facility Terms
Interest
Repayment
Security
Conditions Precedent
Representations and Warranties
Positive Covenants
Negative Covenants
Property Covenants
Events of Default
Enforcement
Assignment
Set-Off
Indemnity
Costs and Expenses
Notices
Confidentiality
Force Majeure
Amendment
Severability
Waiver
Further Assurance
Counterparts
Governing Law
Jurisdiction
Relevant Industries
Banking
Real Estate
Financial Services
Property Development
Construction
Legal Services
Islamic Banking
Mortgage Services
Housing Development
Relevant Teams
Legal
Credit
Risk Management
Compliance
Property Finance
Loan Operations
Islamic Banking
Real Estate
Documentation
Loan Administration
Security and Collateral
Client Relations
Relevant Roles
Legal Counsel
Banking Lawyer
Property Lawyer
Credit Manager
Risk Manager
Loan Officer
Mortgage Specialist
Compliance Officer
Real Estate Manager
Property Finance Manager
Islamic Banking Specialist
Credit Risk Officer
Legal Documentation Specialist
Banking Operations Manager
Property Development Manager
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