Deed Of Assignment Of Rental Proceeds Template for Malaysia

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Key Requirements PROMPT example:

Deed Of Assignment Of Rental Proceeds

"I need a Deed of Assignment of Rental Proceeds for my commercial property in Kuala Lumpur, where I'm assigning rental proceeds to HSBC Bank Malaysia as security for a RM 5 million business loan starting March 2025."

Document background
A Deed of Assignment of Rental Proceeds is commonly used in Malaysian commercial property transactions and financing arrangements where a property owner wishes to assign their rights to receive rental income to another party, most often a bank or financial institution. This type of deed is particularly relevant when property owners seek financing and use their rental income as security, or in structured finance transactions where rental income streams are monetized. The document must comply with Malaysian legal requirements and typically includes detailed provisions about the assigned rights, payment mechanisms, and parties' obligations. Key legislation that governs these assignments includes the Contracts Act 1950, Civil Law Act 1956, and where applicable, the Financial Services Act 2013. The deed requires proper execution and stamping under Malaysian law to be legally effective.
Suggested Sections

1. Parties: Identifies and defines the Assignor (property owner), the Assignee (recipient of rental proceeds), and other relevant parties

2. Background: Recitals explaining the context of the assignment, including details of the underlying property and rental agreement

3. Definitions and Interpretation: Defines key terms used throughout the deed and sets out interpretation rules

4. Assignment: Core clause establishing the assignment of rental proceeds, its scope and effective date

5. Consideration: States the consideration (if any) for the assignment

6. Assignor's Representations and Warranties: Warranties regarding ownership of rental proceeds, no prior assignments, and authority to assign

7. Assignor's Covenants: Ongoing obligations of the Assignor regarding the rental proceeds and underlying lease

8. Payment Mechanics: Detailed procedures for how rental proceeds will be collected and transferred to the Assignee

9. Duration and Termination: Term of the assignment and circumstances under which it may be terminated

10. Notices: Requirements and procedures for giving notices under the deed

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

12. Execution: Formal execution blocks for all parties, including attestation requirements for a deed

Optional Sections

1. Security Provisions: Additional provisions if the assignment is given as security for a loan or other obligation

2. Third Party Consent: Where consent of the tenant or other third parties is required for the assignment

3. Tax Provisions: Specific provisions dealing with tax implications and responsibilities

4. Further Assurance: Obligations to execute additional documents or take further steps if needed

5. Power of Attorney: Optional appointment of Assignee as attorney to enforce rental collection

6. Default and Remedies: Specific provisions dealing with default scenarios and available remedies

7. Assignment and Transfer: Rights to further assign or transfer the rights under the deed

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the property from which rental proceeds are derived

2. Schedule 2 - Rental Agreement: Copy or key details of the underlying rental agreement(s)

3. Schedule 3 - Payment Details: Bank account and payment instruction details for rental proceeds

4. Schedule 4 - Form of Notice to Tenant: Template notice to inform tenant of the assignment of rental proceeds

5. Schedule 5 - Conditions Precedent: List of any conditions that must be satisfied before the assignment becomes effective

6. Appendix A - Copy of Title Documents: Copies of relevant property title documents

7. Appendix B - Required Consents: Copies of any required third-party consents

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

Banking and Finance

Property Development

Commercial Leasing

Asset Management

Investment Management

Property Management

Financial Services

Relevant Teams

Legal

Finance

Real Estate

Property Management

Risk Management

Compliance

Corporate Secretarial

Banking Operations

Investment

Asset Management

Relevant Roles

Legal Counsel

Property Manager

Finance Manager

Real Estate Manager

Asset Manager

Banking Relationship Manager

Investment Manager

Corporate Lawyer

Property Director

Finance Director

Chief Financial Officer

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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