The Financial Assistance Agreement is a crucial document used in Malaysian financial transactions when one party provides financial support to another, whether in a conventional or Islamic banking context. This agreement type is commonly used for various purposes including business expansion, project financing, or emergency funding support. The document must comply with Malaysian financial regulations, including the Financial Services Act 2013 and related legislation. It typically includes detailed provisions on funding amounts, disbursement conditions, repayment terms, security arrangements, and events of default. The agreement can be tailored for both corporate and individual recipients, with additional provisions for Islamic finance compliance where necessary. It serves as a legally binding document that protects both the provider and recipient of the financial assistance while ensuring regulatory compliance.
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1. Parties: Identification of the financial assistance provider and recipient, including registration numbers and addresses
2. Background: Context of the financial assistance, including purpose and basis for the agreement
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Financial Assistance Details: Specific details of the financial assistance including amount, disbursement method, and purpose
5. Conditions Precedent: Conditions that must be satisfied before the financial assistance becomes available
6. Repayment Terms: Details of repayment schedule, interest/profit rate, payment methods, and prepayment provisions
7. Representations and Warranties: Statements of fact and assurances given by the recipient regarding their eligibility and capacity
8. Covenants: Ongoing obligations of the recipient during the term of the agreement
9. Events of Default: Circumstances that constitute default and their consequences
10. Remedies: Rights and actions available to the provider in case of default
11. Notices: Process and requirements for formal communications between parties
12. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
1. Shariah Compliance: Required when the financial assistance is provided under Islamic banking principles
2. Security Arrangements: Required when the financial assistance is secured by collateral or guarantees
3. Insurance Requirements: Required when specific insurance coverage is mandatory for the financial assistance
4. Change of Circumstances: Optional provisions for dealing with material changes in circumstances affecting the agreement
5. Assignment and Transfer: Required when either party needs the ability to transfer rights or obligations
6. Force Majeure: Optional provisions for dealing with unforeseen circumstances preventing performance
7. Guarantee: Required when a third-party guarantee is part of the arrangement
8. Anti-Money Laundering Compliance: Required for high-value financial assistance or when dealing with corporate entities
1. Schedule 1 - Disbursement Schedule: Detailed timeline and conditions for disbursement of funds
2. Schedule 2 - Repayment Schedule: Detailed breakdown of repayment amounts and due dates
3. Schedule 3 - Fees and Charges: Comprehensive list of all applicable fees, charges, and their calculation methods
4. Schedule 4 - Required Documents: List of documents required for disbursement and ongoing compliance
5. Schedule 5 - Security Details: Details of any collateral or security arrangements (if applicable)
6. Appendix A - Form of Disbursement Request: Standard form for requesting disbursement of funds
7. Appendix B - Compliance Certificates: Ƶ for periodic compliance certification
8. Appendix C - Standard Notice Forms: Ƶ for various notices required under the agreement
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Islamic Finance
Real Estate
Manufacturing
Agriculture
Education
Healthcare
Tourism
Technology
Small and Medium Enterprises
Infrastructure Development
Energy
Transportation
Relevant Teams
Legal
Finance
Risk Management
Compliance
Treasury
Credit
Corporate Finance
Islamic Banking
Operations
Company Secretarial
Relevant Roles
Legal Counsel
Finance Manager
Credit Risk Officer
Compliance Officer
Corporate Finance Manager
Treasury Manager
Financial Controller
Chief Financial Officer
Banking Relationship Manager
Credit Analyst
Islamic Finance Specialist
Contract Administrator
Risk Management Officer
Company Secretary
Financial Planning Manager
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