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Simple Promise To Pay Agreement for Malaysia

Simple Promise To Pay Agreement Template for Malaysia

A legally binding document governed by Malaysian law that formalizes a debt obligation between a creditor and debtor. The agreement clearly states the amount owed, payment terms, interest rates (if applicable), and consequences of default. It incorporates requirements under the Malaysian Contracts Act 1950 and related legislation, providing a structured framework for debt repayment while protecting both parties' interests. The document includes essential elements such as party identification, payment schedules, and enforcement provisions, making it suitable for both business and personal debt arrangements.

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What is a Simple Promise To Pay Agreement?

The Simple Promise To Pay Agreement is a fundamental legal document used in Malaysian business and personal transactions to formalize debt obligations. It is particularly useful when parties need to document an existing debt or restructure payment terms for an outstanding amount. The agreement complies with Malaysian contract law requirements, including the Contracts Act 1950 and Stamp Act 1949, making it enforceable in Malaysian courts. This document is commonly used in situations involving business loans, personal debts, payment restructuring, or acknowledgment of existing obligations. It typically includes detailed payment terms, interest calculations, default provisions, and any security arrangements, providing both parties with clear rights and obligations while ensuring legal compliance.

What sections should be included in a Simple Promise To Pay Agreement?

1. Parties: Identifies and defines the creditor and debtor with their full legal names, identification numbers, and addresses

2. Background: Brief context of how the debt arose and acknowledgment of the outstanding amount

3. Definitions: Defines key terms used in the agreement including 'Due Date', 'Outstanding Amount', and 'Default'

4. Acknowledgment of Debt: Clear statement of the debt amount and debtor's acknowledgment of the obligation to pay

5. Payment Terms: Specifies the amount, payment schedule, payment method, and due dates

6. Interest: States any applicable interest rate and how it is calculated

7. Events of Default: Defines what constitutes a default and the consequences thereof

8. Representations and Warranties: Basic declarations by the debtor regarding their ability to pay and the validity of the debt

9. Notices: How formal communications between parties should be made and delivered

10. Governing Law: Confirms Malaysian law as governing law and jurisdiction

What sections are optional to include in a Simple Promise To Pay Agreement?

1. Security: Include when the debt is secured by any assets or collateral

2. Guarantor: Include when a third party is guaranteeing the debt

3. Early Payment: Include when there are specific terms for early repayment or prepayment discounts

4. Insurance: Include when insurance is required to secure the debt

5. Assignment: Include when either party needs the right to assign the agreement to another party

6. Costs and Expenses: Include when there are specific terms about who bears the legal and administrative costs

What schedules should be included in a Simple Promise To Pay Agreement?

1. Payment Schedule: Detailed breakdown of payment installments, dates, and amounts

2. Security Details: Description of any assets or collateral securing the debt

3. Original Debt Documentation: Copies or details of the original agreements or invoices that created the debt

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Malaysia

Publisher

Ƶ

Document Type

Payment Agreement

Sector

Banking

Cost

Free to use

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