Deed Of Assignment By Way Of Transfer Template for Malaysia

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Key Requirements PROMPT example:

Deed Of Assignment By Way Of Transfer

"I need a Deed of Assignment By Way of Transfer for a residential property in Kuala Lumpur, with completion scheduled for March 15, 2025, where I'm transferring my apartment to my daughter as a gift."

Document background
The Deed of Assignment By Way of Transfer is a crucial legal instrument in Malaysian property transactions, commonly used when transferring ownership rights before the issuance of individual titles. This document is essential in situations where property ownership needs to be transferred, whether in residential, commercial, or industrial contexts. It must comply with Malaysian legal requirements, including the National Land Code 1965 and relevant state laws. The deed includes detailed property descriptions, consideration amounts, warranties, and specific conditions of the transfer. It's particularly relevant in new property developments, secondary market transactions, and cases involving bank financing. The document requires careful drafting to ensure all legal requirements are met and the interests of all parties are protected under Malaysian law.
Suggested Sections

1. Parties: Identifies and provides full details of the Assignor (transferor) and Assignee (transferee), including names, identification numbers, and addresses

2. Background: Recites the history of the property ownership, previous transactions, and the context of the current transfer

3. Definitions: Defines key terms used throughout the deed for clarity and legal certainty

4. Property Details: Comprehensive description of the property being transferred, including title details, location, and boundaries

5. Consideration: States the purchase price or other consideration for the transfer

6. Assignment Clause: The operative clause that effects the transfer of the property from Assignor to Assignee

7. Assignor's Covenants: Warranties and representations by the Assignor regarding title, encumbrances, and capacity to transfer

8. Completion: Details of the completion process, including timing and delivery of documents

9. Registration and Stamp Duty: Provisions regarding registration requirements and responsibility for stamp duty payment

10. Execution: Formal execution clause meeting the requirements for a deed under Malaysian law

Optional Sections

1. Conditions Precedent: Used when the transfer is subject to certain conditions being fulfilled before completion

2. Existing Tenancies: Required when the property is subject to ongoing tenancies that will be transferred

3. Bank Consent: Necessary when the property is subject to an existing charge or mortgage requiring bank's consent

4. Special Conditions: For any unique requirements or circumstances specific to the transaction

5. Tax Provisions: Detailed tax arrangements when complex tax implications are involved

6. Joint Ownership Provisions: Required when the property is being transferred to multiple assignees

7. Power of Attorney: When any party is acting through an attorney

Suggested Schedules

1. Schedule 1 - Property Description: Detailed technical description of the property, including lot number, title details, and exact measurements

2. Schedule 2 - Title Documents: List of all relevant title documents and previous assignments

3. Schedule 3 - Encumbrances: Details of any existing encumbrances, charges, or restrictions on the property

4. Appendix A - Property Plans: Certified plans showing the property boundaries and location

5. Appendix B - Consent Letters: Copies of relevant consent letters from authorities or financial institutions

6. Appendix C - Supporting Documents: Other relevant documents such as power of attorney, company resolutions, or regulatory approvals

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

Real Estate

Property Development

Banking and Financial Services

Legal Services

Construction

Property Investment

Housing Development

Commercial Property

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Corporate Secretarial

Finance

Risk Management

Operations

Business Development

Asset Management

Relevant Roles

Legal Counsel

Property Manager

Real Estate Manager

Compliance Officer

Contract Administrator

Property Developer

Real Estate Agent

Bank Manager

Title Officer

Land Administrator

Corporate Lawyer

Conveyancing Executive

Property Investment Manager

Real Estate Director

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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