Title Loan Contract for Malaysia

Title Loan Contract Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes the terms and conditions for a loan secured by a title to property or assets. The document complies with Malaysian financial regulations, including the Moneylenders Act 1951 and relevant consumer protection legislation. It details the loan amount, interest rates, repayment terms, security arrangements, borrower obligations, and enforcement mechanisms. The agreement includes specific provisions for the registration and enforcement of security interests under Malaysian law, with options for both conventional and Islamic finance structures.

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What is a Title Loan Contract?

The Title Loan Contract is a crucial document used in Malaysian lending practices when a loan is secured by the title to property or assets. This type of agreement is commonly utilized by licensed moneylenders and financial institutions operating under Malaysian law, particularly the Moneylenders Act 1951 and Financial Services Act 2013. The document serves to protect both lender and borrower interests by clearly defining loan terms, security arrangements, and enforcement mechanisms. It typically includes provisions for both conventional and Islamic financing options, reflecting Malaysia's dual financial system. The agreement must incorporate specific requirements for security interest registration and enforcement under Malaysian law, while ensuring compliance with consumer protection regulations and personal data protection requirements.

What sections should be included in a Title Loan Contract?

1. Parties: Identifies the lender and borrower with complete details including registration/ID numbers

2. Background: Explains the context of the loan and confirms the borrower's ownership of the collateral

3. Definitions: Defines key terms used throughout the agreement

4. Loan Amount and Terms: Specifies the principal amount, interest rate, repayment terms, and duration of the loan

5. Security Interest: Details the collateral being used as security and the nature of the security interest

6. Representations and Warranties: Borrower's declarations regarding their authority, ownership of collateral, and absence of encumbrances

7. Covenants: Ongoing obligations of the borrower regarding maintenance and use of the collateral

8. Events of Default: Specifies circumstances constituting default and consequences

9. Enforcement Rights: Lender's rights and remedies in case of default

10. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction

What sections are optional to include in a Title Loan Contract?

1. Islamic Finance Provisions: Required when the loan needs to be Shariah-compliant, including specific terminology and structures

2. Insurance: Required when the lender mandates specific insurance coverage for the collateral

3. Additional Security: Used when additional guarantees or security interests are provided

4. Electronic Execution: Required when the agreement may be executed electronically

5. Cross-Default: Used when the loan is part of a larger financing arrangement

6. Personal Data Protection: Detailed privacy provisions when extensive personal data processing is involved

What schedules should be included in a Title Loan Contract?

1. Schedule 1 - Collateral Description: Detailed description of the collateral including registration numbers, condition, and value

2. Schedule 2 - Repayment Schedule: Detailed breakdown of payment dates, amounts, and allocation between principal and interest

3. Schedule 3 - Conditions Precedent: List of documents and conditions required before loan disbursement

4. Schedule 4 - Form of Notice: Standard forms for various notices under the agreement

5. Appendix A - Copy of Title Document: Copy of the relevant title document for the collateral

6. Appendix B - Valuation Report: Independent valuation of the collateral

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

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions
Relevant Industries

Financial Services

Banking

Automotive

Real Estate

Small Business Lending

Consumer Finance

Asset-Based Lending

Islamic Finance

Relevant Teams

Legal

Compliance

Credit Risk

Operations

Collections

Islamic Banking

Document Management

Client Services

Underwriting

Security Registration

Relevant Roles

Credit Manager

Loan Officer

Legal Counsel

Compliance Officer

Risk Manager

Financial Advisor

Collections Manager

Underwriter

Branch Manager

Islamic Finance Specialist

Document Controller

Security Registration 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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