Release From Contract Agreement for Malaysia

Release From Contract Agreement Template for Malaysia

This document is a formal legal agreement under Malaysian law that facilitates the mutual release of parties from their obligations under an existing contract. It outlines the terms and conditions under which the parties agree to terminate their contractual relationship, including any financial settlements, remaining obligations, and mutual releases of claims. The agreement ensures compliance with Malaysian contract law requirements, particularly the Contracts Act 1950 and related legislation, providing legal certainty and protection for all parties involved in the contract termination process.

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What is a Release From Contract Agreement?

The Release From Contract Agreement is a crucial legal instrument used in Malaysian business and commercial relationships when parties wish to formally terminate their contractual obligations before the natural conclusion of the contract term. This document becomes necessary in various scenarios, such as early project completion, business restructuring, or mutual agreement to end a business relationship. It includes essential elements required under Malaysian law, including clear identification of the original contract, specific terms of release, any financial settlements, and mutual releases of claims. The agreement must comply with Malaysian contract law principles, particularly the Contracts Act 1950, and should be properly stamped under the Stamp Act 1949 to ensure legal enforceability.

What sections should be included in a Release From Contract Agreement?

1. Parties: Identification of all parties involved in the release agreement, including their full legal names, registration numbers (if companies), and addresses

2. Background: Context of the original contract and the circumstances leading to the release agreement

3. Definitions: Key terms used throughout the agreement, including definition of the Original Contract and Release Date

4. Release Terms: Core terms of the release, including the specific obligations being released and the effective date of release

5. Mutual Release: Statement of mutual release of claims, rights, and obligations between the parties

6. Payment or Consideration: Details of any payment or consideration being made as part of the release

7. Governing Law: Specification that Malaysian law governs the agreement

8. Execution: Signature blocks and execution formalities

What sections are optional to include in a Release From Contract Agreement?

1. Confidentiality: Terms regarding confidentiality of the release agreement and original contract details, used when sensitive information is involved

2. Partial Release: Used when only specific obligations are being released while others remain in force

3. Representations and Warranties: Statements confirming parties' authority to enter into the release and that no claims have been assigned to third parties

4. Survival Clauses: Specification of any original contract terms that survive the release

5. Non-Disparagement: Provisions preventing parties from making negative statements about each other, useful in contentious releases

6. Tax Implications: Clauses addressing responsibility for any tax consequences of the release, important for high-value contracts

What schedules should be included in a Release From Contract Agreement?

1. Original Contract: Copy or details of the original contract being released

2. Payment Schedule: If applicable, schedule of any payments or consideration as part of the release

3. Outstanding Obligations: List of any remaining obligations if partial release

4. Release Confirmation: Form of acknowledgment or confirmation of release completion

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

Release Agreement

Cost

Free to use
Relevant Industries

Construction

Manufacturing

Professional Services

Information Technology

Real Estate

Retail

Healthcare

Education

Financial Services

Telecommunications

Relevant Teams

Legal

Commercial

Procurement

Operations

Finance

Compliance

Risk Management

Business Development

Corporate Secretariat

Contract Administration

Relevant Roles

Legal Counsel

Contract Manager

Business Development Manager

Project Manager

Chief Executive Officer

Chief Financial Officer

Commercial Director

Procurement Manager

Operations Manager

Risk Manager

Compliance Officer

Company Secretary

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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