Debt Assumption Agreement Template for Malaysia

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Key Requirements PROMPT example:

Debt Assumption Agreement

"I need a Debt Assumption Agreement under Malaysian law where ABC Manufacturing Sdn Bhd will assume a RM 5 million business loan from XYZ Industries Sdn Bhd, with CIMB Bank as the creditor, to be completed by March 2025."

Document background
The Debt Assumption Agreement is a crucial document used in Malaysian business transactions when one party wishes to take over the debt obligations of another. This arrangement is common in corporate restructuring, asset acquisitions, or family business successions where debt obligations need to be transferred. The agreement must comply with Malaysian law, particularly the Contracts Act 1950 and relevant financial regulations. It typically includes detailed provisions about the debt being assumed, payment terms, security arrangements, and the rights and obligations of all parties. This document is particularly important in ensuring a smooth transition of debt obligations while maintaining legal certainty and protecting the interests of the creditor.
Suggested Sections

1. Parties: Identifies all parties: the original debtor, the new debtor assuming the debt, and the creditor

2. Background: Recitals explaining the existing debt arrangement and the intention to transfer the debt obligations

3. Definitions: Defines key terms including the Existing Debt, Security (if any), and other relevant terms

4. Debt Assumption: Core provision where new debtor assumes the debt and details of the assumption mechanism

5. Original Debtor's Release: Provisions regarding the release of the original debtor from the debt obligations

6. New Debtor's Obligations: Details of the new debtor's responsibilities and commitments under the assumed debt

7. Creditor's Consent: Express consent of the creditor to the debt assumption arrangement

8. Representations and Warranties: Standard representations from all parties regarding capacity and authority

9. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and relevant jurisdiction for disputes

Optional Sections

1. Security Arrangements: Required if the original debt is secured and new security arrangements need to be established

2. Conditions Precedent: Include if the assumption is subject to specific conditions being met

3. Corporate Authorizations: Required if any party is a corporate entity needing specific approvals

4. Tax Provisions: Include if there are specific tax implications that need to be addressed

5. Step-in Rights: Required if the creditor needs specific rights to enforce against either debtor

6. Transitional Provisions: Include if there's a phased transition of the debt obligations

Suggested Schedules

1. Schedule 1 - Details of Existing Debt: Comprehensive details of the debt being assumed including amount, interest rate, payment terms

2. Schedule 2 - Security Details: If applicable, details of any security arrangements associated with the debt

3. Schedule 3 - Payment Schedule: Detailed schedule of payments to be made by the new debtor

4. Schedule 4 - Corporate Authorizations: Copies of relevant corporate approvals and resolutions

5. Schedule 5 - Original Debt Documentation: Copies or details of the original debt agreements being assumed

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

Relevant Industries

Banking and Financial Services

Real Estate and Property Development

Construction

Manufacturing

Corporate Services

Infrastructure

Energy and Utilities

Telecommunications

Relevant Teams

Legal

Finance

Treasury

Corporate Finance

Risk Management

Compliance

Corporate Secretarial

Credit Control

Relevant Roles

Chief Financial Officer

Finance Director

Corporate Lawyer

Legal Counsel

Treasury Manager

Financial Controller

Risk Manager

Corporate Secretary

Debt Restructuring Officer

Credit Manager

Investment Banker

Corporate Finance 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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