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.
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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
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
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
Relevant legal definitions
Clauses
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
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