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Deed Of Indemnity Form

Deed Of Indemnity Form Template for Malaysia

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Key Requirements PROMPT example:

Deed Of Indemnity Form

"I need a Deed of Indemnity Form for my Malaysian technology company to protect our parent company against any potential liabilities arising from our upcoming software licensing deals, which are expected to commence from March 2025."

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Document background
The Deed of Indemnity Form is a critical legal instrument in Malaysian business and commercial transactions, designed to provide formal protection against specified risks, losses, or liabilities. This document is commonly used in scenarios such as corporate restructuring, project development, financial transactions, or when significant risk transfer is required between parties. The deed must comply with Malaysian legal requirements, including those under the Contracts Act 1950 and Stamp Act 1949, and requires proper execution as a deed rather than a simple contract. It typically contains detailed provisions about the scope of protection, claim procedures, and enforcement mechanisms, and may be required by regulators, financial institutions, or as part of larger commercial arrangements. The document's formal nature as a deed provides enhanced enforceability and potentially longer limitation periods compared to simple contracts.
Suggested Sections

1. Parties: Details of the Indemnitor (party providing the indemnity) and Indemnitee (party receiving the protection), including full legal names, registration numbers for companies, and addresses

2. Background: Recitals explaining the context and circumstances leading to the need for the indemnity

3. Definitions: Definitions of key terms used throughout the deed, including 'Indemnified Matters', 'Losses', and other relevant defined terms

4. Indemnity: The core provision detailing the scope of the indemnity, specific risks or losses covered, and any limitations

5. Duration: The period for which the indemnity remains valid and any termination provisions

6. Claims Procedure: Process for making claims under the indemnity, including notice requirements and time limits

7. Payment Terms: Terms regarding how and when payments under the indemnity should be made

8. Representations and Warranties: Statements of fact and assurances given by the parties

9. Governing Law and Jurisdiction: Specification that Malaysian law governs the deed and jurisdiction for dispute resolution

10. Execution: Formal execution blocks for signing as a deed, including witness requirements

Optional Sections

1. Security: Include when additional security (such as a charge over assets) is provided to support the indemnity

2. Insurance: Include when specific insurance requirements are imposed on either party

3. Confidentiality: Include when the arrangement involves sensitive information that needs protection

4. Assignment: Include when there's a need to restrict or permit the transfer of rights under the deed

5. Third Party Rights: Include when the indemnity is intended to benefit or affect third parties

6. Force Majeure: Include when certain events should excuse performance of the indemnity obligations

7. Dispute Resolution: Include when specific dispute resolution procedures (like arbitration) are required

Suggested Schedules

1. Schedule 1 - Indemnified Matters: Detailed list of specific matters, risks, or losses covered by the indemnity

2. Schedule 2 - Claims Procedure: Detailed procedure for making and processing claims, including forms and timeframes

3. Schedule 3 - Required Notices: Templates for various notices required under the deed

4. Appendix A - Supporting Documents: Copies of relevant underlying agreements or documents referenced in the deed

5. Appendix B - Corporate Authorizations: Where parties are companies, copies of board resolutions or other authorization documents

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Financial Services

Construction

Real Estate

Manufacturing

Technology

Energy

Healthcare

Professional Services

Infrastructure

Mining

Transportation

Telecommunications

Relevant Teams

Legal

Risk Management

Compliance

Finance

Corporate Secretariat

Operations

Project Management

Commercial

Insurance

Treasury

Corporate Affairs

Business Development

Relevant Roles

Legal Counsel

Corporate Secretary

Risk Manager

Compliance Officer

Chief Financial Officer

Contract Manager

Project Manager

General Manager

Chief Executive Officer

Director

Commercial Manager

Business Development Manager

Insurance Manager

Finance Director

Operations Manager

Industries
Contracts Act 1950: The fundamental law governing contract formation, validity, and enforcement in Malaysia. It sets out requirements for valid contracts including offer, acceptance, consideration, and capacity.
Powers of Attorney Act 1949: Relevant for execution of deeds by attorneys and agents, setting out formal requirements for power of attorney documents which might be needed in conjunction with the deed of indemnity.
Stamp Act 1949: Governs the stamp duty requirements for legal documents in Malaysia. Deeds of Indemnity must be properly stamped to be admissible as evidence in court.
Limitation Act 1953: Sets out the time limits within which legal actions can be brought, including actions relating to deeds and indemnities.
National Land Code 1965: Relevant if the indemnity relates to land matters or property transactions, as it governs land dealings and related instruments.
Digital Signature Act 1997: Important if the deed might be executed electronically, as it governs the use of digital signatures in legal documents.
Companies Act 2016: Relevant when either party to the deed is a company, setting out requirements for execution of documents by companies and corporate capacity.
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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