Unsecured Loan Note for Malaysia

Unsecured Loan Note Template for Malaysia

A Malaysian law-governed Unsecured Loan Note is a formal financial instrument documenting the terms and conditions of an unsecured loan agreement between a lender and borrower. The document operates under Malaysian financial regulations and contract law, particularly the Contracts Act 1950 and Financial Services Act 2013. It details the loan amount, interest rates, repayment terms, events of default, and remedies available to the lender, all while acknowledging the unsecured nature of the lending arrangement. The document incorporates necessary compliance elements specific to Malaysian lending practices and regulatory requirements.

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What is a Unsecured Loan Note?

The Unsecured Loan Note is a crucial document used in Malaysian financing transactions where formal documentation of a loan is required without the backing of specific collateral or security. It serves as primary evidence of debt and is commonly used in business financing, personal loans, and corporate lending scenarios. The document must comply with Malaysian financial regulations, including the Financial Services Act 2013 and Money Lenders Act 1951, while addressing interest rate restrictions, stamp duty requirements, and regulatory compliance. This type of agreement is particularly important in situations where rapid financing is needed or where the borrower's creditworthiness alone is deemed sufficient security for the loan. The document's structure reflects Malaysian market practice and regulatory requirements while providing clear mechanisms for enforcement and remedy in case of default.

What sections should be included in a Unsecured Loan Note?

1. Parties: Identification of the Lender and Borrower with full legal names and addresses

2. Background: Brief context of the loan arrangement and purpose

3. Definitions: Definitions of key terms used throughout the document

4. Loan Amount and Purpose: Specification of the principal amount and stated purpose of the loan

5. Interest: Interest rate, calculation method, and payment frequency

6. Repayment Terms: Payment schedule, method of payment, and prepayment provisions

7. Representations and Warranties: Standard declarations by the Borrower about their capacity and financial condition

8. Covenants: Ongoing obligations of the Borrower during the loan term

9. Events of Default: Circumstances constituting default and consequences

10. Remedies: Lender's rights and remedies upon default

11. Notices: Method and addresses for formal communications

12. Governing Law: Specification of Malaysian law as governing law

13. General Provisions: Standard boilerplate clauses including assignment, amendments, and severability

What sections are optional to include in a Unsecured Loan Note?

1. Security: Used when there's additional security despite being primarily unsecured

2. Guarantor Provisions: Include when a guarantor is providing personal guarantee

3. Multiple Lenders: Required when there are multiple lenders to address sharing of rights

4. Special Repayment Terms: For cases with unique repayment structures or grace periods

5. Change of Control: For corporate borrowers where ownership changes need to be addressed

6. Cross-Default: When linking defaults under other agreements

7. Insurance: When specific insurance requirements are imposed on the borrower

What schedules should be included in a Unsecured Loan Note?

1. Schedule 1 - Repayment Schedule: Detailed amortization schedule showing payment dates and amounts

2. Schedule 2 - Conditions Precedent: List of documents and conditions required before loan disbursement

3. Schedule 3 - Form of Drawdown Notice: Standard form for requesting loan disbursement

4. Schedule 4 - Form of Compliance Certificate: Template for periodic compliance certification by borrower

5. Appendix A - Calculation of Interest: Detailed methodology for interest calculation

6. Appendix B - Form of Transfer Certificate: Standard form for transferring loan participation

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

Promissory Note

Sector

Banking

Cost

Free to use
Relevant Industries

Banking & Financial Services

Real Estate

Manufacturing

Retail

Technology

Healthcare

Education

Construction

Agriculture

Small and Medium Enterprises

Professional Services

Hospitality

Transportation & Logistics

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Compliance

Corporate Banking

Loan Operations

Business Development

Account Management

Collections

Risk Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Risk Manager

Legal Counsel

Compliance Officer

Loan Officer

Corporate Banking Manager

Financial Controller

Business Development Manager

Account Manager

Risk Assessment Officer

Company Secretary

Financial Analyst

Collections 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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