Transfer Agency Agreement Template for Malaysia

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Key Requirements PROMPT example:

Transfer Agency Agreement

"I need a Transfer Agency Agreement for my Malaysian mutual fund company that complies with Securities Commission requirements, with particular emphasis on anti-money laundering procedures and online investor onboarding to be implemented by March 2025."

Document background
The Transfer Agency Agreement is essential for companies and funds operating in Malaysia that require professional transfer agency services for managing their shareholder or unitholder registers. This agreement is typically used when a company or fund needs to outsource the administrative functions of maintaining security holder records, processing transfers, and managing related investor services. The document must comply with Malaysian regulatory requirements, particularly the Capital Markets and Services Act 2007 and Securities Commission guidelines. It establishes the legal framework for the relationship between the principal company and the transfer agent, defining services, operational procedures, compliance obligations, and liability arrangements within the Malaysian regulatory context.
Suggested Sections

1. Parties: Identification of the principal company and the transfer agent

2. Background: Context of the agreement and appointment of transfer agent

3. Definitions and Interpretation: Key terms used throughout the agreement and interpretation rules

4. Appointment and Duration: Formal appointment of transfer agent and term of agreement

5. Duties and Responsibilities: Core transfer agency services including registration, transfer processing, and record keeping

6. Operating Procedures: Day-to-day operational procedures and service standards

7. Systems and Technology: Requirements for electronic systems and technology infrastructure

8. Compliance and Regulatory Requirements: Obligations under Malaysian law and regulatory framework

9. Records and Reporting: Record keeping requirements and reporting obligations

10. Fees and Expenses: Payment terms, fee structure, and expense arrangements

11. Confidentiality and Data Protection: Protection of confidential information and personal data

12. Liability and Indemnification: Allocation of risks and indemnification provisions

13. Force Majeure: Provisions for unforeseen circumstances and force majeure events

14. Termination: Termination rights and procedures

15. General Provisions: Standard boilerplate clauses including notices, amendments, governing law

Optional Sections

1. Additional Services: Optional services such as dividend processing, corporate action processing - include if these services are required

2. Anti-Money Laundering Procedures: Detailed AML procedures - separate section if extensive procedures are required

3. Business Continuity: Detailed business continuity and disaster recovery procedures - include if not covered in operating procedures

4. Sub-Contracting: Terms for delegation of services - include if sub-contracting is permitted

5. Intellectual Property: IP rights and licenses - include if significant IP elements are involved

6. Migration Services: Procedures for transitioning services - include if specific migration requirements exist

7. Electronic Services: Online portals and electronic service delivery - include if offering digital services

Suggested Schedules

1. Service Level Agreement: Detailed service standards and performance metrics

2. Fee Schedule: Detailed breakdown of fees and charges

3. Operating Procedures Manual: Detailed procedures for all transfer agency services

4. Form of Transfer Documents: Standard forms for transfer instructions and other documents

5. System Specifications: Technical requirements and specifications for systems

6. Authorized Signatories: List of authorized signatories and specimen signatures

7. Data Protection Requirements: Detailed data protection and security requirements

8. Business Continuity Plan: Detailed business continuity and disaster recovery procedures

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
Relevant Industries

Financial Services

Investment Management

Asset Management

Fund Administration

Securities Services

Corporate Services

Banking

Capital Markets

Relevant Teams

Legal

Compliance

Operations

Fund Administration

Investor Services

Risk Management

Corporate Secretarial

Finance

Client Services

Technology

Relevant Roles

Chief Operating Officer

Head of Operations

Compliance Officer

Legal Counsel

Fund Manager

Transfer Agency Manager

Operations Manager

Investor Services Manager

Company Secretary

Risk Manager

Compliance Manager

Fund Operations Director

Head of Fund Administration

Shareholder Services Manager

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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