Loan Master Agreement Template for Malaysia

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Key Requirements PROMPT example:

Loan Master Agreement

"I need a Loan Master Agreement for a Malaysian bank providing multiple facilities (term loan and revolving credit) to a manufacturing company, with a total facility limit of RM 50 million and first drawdown expected in March 2025."

Document background
The Loan Master Agreement serves as an umbrella agreement for establishing multiple credit facilities under a single comprehensive framework in Malaysia. It is primarily used when a borrower requires access to various types of financing (such as term loans, revolving facilities, or trade financing) from the same lender over time. The agreement complies with Malaysian banking regulations, including the Financial Services Act 2013 and, where applicable, the Islamic Financial Services Act 2013. It streamlines the lending process by setting out standard terms that apply to all facilities while allowing specific terms to be documented in supplemental facility letters or drawdown notices. This approach reduces documentation requirements and ensures consistency across multiple facilities while providing flexibility to accommodate different financing needs over time.
Suggested Sections

1. Parties: Identification of the lender and borrower with complete legal details

2. Background: Context of the agreement, relationship between parties, and purpose of the master facility

3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation

4. Facility Terms: Core terms of the master facility including types of loans available, purpose, and general conditions

5. Conditions Precedent: Prerequisites that must be satisfied before any utilization of the facility

6. Utilization: Procedures and requirements for drawing down loans under the facility

7. Interest and Fees: Interest calculation methodology, payment terms, and applicable fees

8. Repayment and Prepayment: Terms for scheduled repayments and early repayment options

9. Representations and Warranties: Statements of fact and assurances given by the borrower

10. Covenants: Positive and negative obligations of the borrower during the facility period

11. Events of Default: Circumstances that trigger default and lender's rights upon default

12. Security: General provisions regarding security arrangements for the facility

13. Changes to Parties: Rules for assignment, transfer, and novation of rights and obligations

14. Administration: Operational aspects including calculations, notices, and communication

15. Governing Law and Jurisdiction: Choice of Malaysian law and jurisdiction provisions

16. Execution: Signature blocks and execution formalities

Optional Sections

1. Islamic Banking Provisions: Required when the facility needs to comply with Shariah principles

2. Syndication Provisions: Required for facilities involving multiple lenders

3. Increased Costs and Tax Provisions: Detailed provisions for managing changes in regulatory costs and tax implications

4. Currency Provisions: Required when facilities can be drawn in multiple currencies

5. Guarantee: Required when there are guarantors for the facility

6. Set-off Rights: Detailed set-off provisions when the lender has multiple relationships with the borrower

7. Force Majeure: Provisions dealing with extraordinary events affecting the facility

8. Anti-Money Laundering Provisions: Detailed AML provisions for high-risk borrowers or complex structures

Suggested Schedules

1. Facility Particulars: Specific details of each sub-facility including limits, purpose, and specific terms

2. Conditions Precedent Documents: List of required documents and conditions for facility utilization

3. Form of Utilization Request: Standard form for drawdown requests

4. Repayment Schedule: Template or actual repayment schedule for term facilities

5. Interest Rate and Fee Schedule: Detailed breakdown of applicable interest rates and fees

6. Form of Compliance Certificate: Template for periodic compliance reporting

7. Security Schedule: List and details of security documents and collateral

8. Form of Transfer Certificate: Template for transferring rights and obligations

9. Form of Accession Deed: Template for new parties joining the facility

10. Contact Details: Administrative and notice details for all parties

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 legal definitions
Clauses
Relevant Industries

Banking and Financial Services

Islamic Banking

Real Estate and Construction

Manufacturing

Energy and Utilities

Infrastructure Development

Technology and Telecommunications

Healthcare

Agriculture and Plantation

Oil and Gas

Retail and Commercial

Transportation and Logistics

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Banking

Credit Administration

Islamic Banking

Operations

Documentation

Transaction Banking

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Compliance Officer

Credit Risk Manager

Relationship Manager

Loan Officer

Corporate Banking Manager

Transaction Banking Manager

Islamic Banking Specialist

Security Documentation Officer

Financial Controller

Company Secretary

Chief Risk Officer

Industries
Contracts Act 1950: The primary legislation governing contract formation, validity, and enforcement in Malaysia. Essential for establishing the basic contractual framework of the loan agreement.
Financial Services Act 2013: Regulates financial institutions and financial services in Malaysia, including lending activities and banking operations.
Islamic Financial Services Act 2013: Governs Islamic financial transactions and institutions in Malaysia, relevant if the loan agreement needs to comply with Shariah principles.
National Land Code 1965: Relevant for loans secured by real property, governing the creation and enforcement of charges over land.
Companies Act 2016: Important when dealing with corporate borrowers, particularly regarding corporate capacity and authority to borrow.
Stamp Act 1949: Governs the stamp duty requirements for loan agreements and security documents in Malaysia.
Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001: Sets out requirements for customer due diligence and reporting of suspicious transactions in financial dealings.
Consumer Protection Act 1999: Applicable if the loan agreement involves consumer lending, protecting the rights of individual borrowers.
Moneylenders Act 1951: Relevant if the lender is not a licensed bank, as it regulates non-bank lending activities.
Personal Data Protection Act 2010: Governs the collection, processing, and use of personal data in commercial transactions, including lending.
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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