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Trade Finance Facility Agreement

Trade Finance Facility Agreement Template for Malaysia

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Key Requirements PROMPT example:

Trade Finance Facility Agreement

"I need a Trade Finance Facility Agreement for a manufacturing company requiring a RM10 million facility with multiple sub-limits for letters of credit and trust receipts, including Islamic banking provisions and export credit insurance coverage."

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Document background
The Trade Finance Facility Agreement is essential for businesses engaged in international trade operations in Malaysia, providing access to various trade finance products and services. This document is used when a company requires financing for its import/export activities, working capital, or trade-related transactions. The agreement must comply with Malaysian banking regulations, including the Financial Services Act 2013 and, where applicable, Islamic Financial Services Act 2013. It establishes the legal framework for the relationship between the financial institution and the borrower, detailing facility limits, utilization procedures, security requirements, and compliance obligations. The document can accommodate both conventional and Islamic trade finance structures, making it suitable for Malaysia's dual banking system.
Suggested Sections

1. Parties: Identification of the financial institution and the customer(s)

2. Background: Context of the facility and relationship between parties

3. Definitions and Interpretation: Definitions of terms and interpretation rules

4. The Facilities: Description of the trade finance facilities being offered

5. Conditions Precedent: Conditions that must be satisfied before facility utilization

6. Utilization: Procedures and requirements for drawing down the facilities

7. Interest and Fees: Interest rates, fees, and charges applicable to the facilities

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

9. Security: Security arrangements and guarantees required

10. Representations and Warranties: Standard declarations made by the customer

11. Covenants: Positive and negative undertakings by the customer

12. Events of Default: Circumstances constituting default and consequences

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

14. Administration: Administrative provisions including notices and calculations

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

Optional Sections

1. Islamic Banking Provisions: Required when offering Shariah-compliant trade finance products

2. Foreign Exchange Provisions: Required for facilities involving foreign currency transactions

3. Commodity Murabahah Provisions: Specific terms for Islamic trade financing structures

4. Export Credit Insurance: Required when export credit insurance is part of the facility

5. Trust Receipt Provisions: Specific terms for trust receipt facilities

6. Bank Guarantee Provisions: Required when bank guarantees are part of the facility

7. Syndication Provisions: Required for syndicated trade finance facilities

Suggested Schedules

1. Facility Limits and Sublimits: Detailed breakdown of facility limits and sublimits

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

3. Form of Utilization Request: Standard form for requesting facility utilization

4. Pricing Schedule: Detailed breakdown of interest rates, fees and charges

5. Security Documents: List and forms of required security documents

6. Form of Trade Finance Applications: Standard forms for various trade finance products

7. Compliance Requirements: Detailed compliance and reporting requirements

8. Financial Covenants: Detailed financial ratios and requirements

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 legal definitions
Acceptance
Account
Additional Security Document
Affiliate
Availability Period
Bank
Bank Guarantee
Base Lending Rate
Bill of Exchange
Bill of Lading
Borrower
Business Day
Charge
Charged Property
Conditions Precedent
Constitutive Documents
Default
Default Rate
Documentary Credit
Drawdown
Drawdown Date
Drawdown Notice
Event of Default
Facility
Facility Limit
Facility Period
Financial Indebtedness
Financial Statements
Force Majeure
Foreign Exchange Contract
Group
Guarantee
Guarantor
Interest Period
Interest Rate
Letter of Credit
License
Material Adverse Effect
Security
Security Agent
Security Document
Security Interest
Security Party
Shariah
Subsidiary
Tax
Trade Finance Documents
Trust Receipt
Unpaid Sum
Utilization
Working Capital
Relevant Industries

Manufacturing

International Trade

Import/Export

Wholesale Distribution

Commodity Trading

Logistics and Transportation

Agriculture

Retail

Electronics

Textiles

Automotive

Oil and Gas

Relevant Teams

Legal

Finance

Treasury

Trade Operations

Compliance

Risk Management

Corporate Banking

Islamic Banking

Credit

Operations

Relevant Roles

Chief Financial Officer

Treasury Manager

Trade Finance Manager

Finance Director

Corporate Banking Relationship Manager

Trade Operations Manager

Legal Counsel

Compliance Officer

Credit Risk Manager

Islamic Banking Officer

Financial Controller

Import/Export Manager

Company Secretary

Banking Operations Manager

Industries
Financial Services Act 2013: Primary legislation governing banking and financial institutions in Malaysia, including requirements for providing trade finance facilities
Contracts Act 1950: Governs the fundamental principles of contract formation, validity, and enforcement in Malaysia
Islamic Financial Services Act 2013: Regulates Islamic financial institutions and products, relevant if the trade finance facility has Islamic banking elements
Securities Commission Act 1993: Relevant for any security arrangements or collateral aspects of the trade finance facility
Central Bank of Malaysia Act 2009: Contains provisions relating to banking regulations and foreign exchange controls
Exchange Control Act 1953: Regulates foreign exchange transactions and international trade payments
Stamp Act 1949: Requires proper stamping of agreements to ensure their admissibility in Malaysian courts
Companies Act 2016: Relevant for corporate borrowers and corporate guarantors involved in the facility
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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