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Solicitor Launch Pad_3April2013

OCBC BANK (MALAYSIA) BERHAD (295400-W)         

OCBC AL-AMIN BANK BERHAD (818444-T)    

www.ocbc.com.my

 

 
LEGAL DOCUMENTATION GUIDE FOR CONSUMER FINANCIAL SERVICES (“CFS”) CONVENTIONAL AND ISLAMIC FACILITIES
 
Version 1-2013

 

 

LEGAL DOCUMENTATION GUIDE FOR CONSUMER FINANCIAL SERVICES (“CFS”) CONVENTIONAL AND ISLAMIC FACILITIES

 

This LEGAL DOCUMENTATION GUIDE outlines the standards of service which is expected from our lawyers. We recognize that our lawyers will continually set higher standards of service and professionalism and we will update this LEGAL DOCUMENTATION GUIDE from time to time to keep pace with the improvements and changes in laws and regulations. 
 

Table of Contents 

    part 1: SErvice Level

    (A)  Service Level for Solicitors      3 – 7 

    (B)  Schedule –Turnaround Time    

    part 2: What the Bank expects from you  

    (A) Upon Receiving Letter of Instruction    8

    (B)  Upon Sending Security Documents for Execution  8 - 9

    (C) Upon Advising Release     9

    part 3: loans and security documents matrix

    (A) Upon Sending Security Documents for Execution   10 – 12

            (B) Upon Advising Release                     13 – 16  
 
 
 
.  
 
 
 
 
 
 
 
 
 

DISCLAIMER:

This LEGAL DOCUMENTATION GUIDE is not intended to constitute advice and OCBC Bank (Malaysia) Berhad will not be responsible for the consequences of reliance upon any statement contained herein or for any omission.  

 
 
 

 

PART 1: 

(A) Service Level for Solicitors 


                    
No. Matter
 
1.1
BANK’S NEW STANDARD LEGAL & SECURITY DOCUMENTATION 

(a) Standard Documents 

The Bank’s Facility Agreement (“FA”) had been revised and posted in Bank’s website at www.ocbc.com under Code: OCBC(M)/LRC/FA(CFS)/2-2012.This will take effect from 1 January 2013.  

The FA and the rest of the Security Documents are in a CD Rom [Latest Edition]. Please refer to (b) below for details on CD ROM. 

The documents are “all monies” documents, except for the letter of guarantee where there is a limit to the principal amount guaranteed.  “All monies” land charges are not practised in East Malaysia. 

(b) Availability: Standard Documents for Consumer Banking (Conventional & Islamic) CD ROM [Latest Edition]  

The standard legal and security documentation comes in a CD ROM. To purchase, please:-

    1. complete the prescribed Request Form;
    2. issue a cheque for RM500-00 in favour of “OCBC Bank (Malaysia) Berhad” for conventional facilities and RM500-00 for “OCBC Al-Amin Bank Berhad” for Islamic facilities; and
    3. send both to:-
 

    Secured Loan Operations,

                         OCBC Bank (Malaysia) Berhad

                     Ground Floor, Wisma Lee Rubber

                     Jalan Melaka

                     50100 Kuala Lumpur 

The CD ROM will then be couriered to you. If you have any queries, you may contact Secured Loan Operations at Tel: 603-2053 7600 / Email: loanopsmy-helpdesk@ocbc.com 

(c) Cost of the CD ROM: This cost is to be borne by the attending lawyer and not by the customer/borrower. 

(d) Write Protected: For consistency in documentation management, credit reviews, and recovery processes, the Standard Documents are write protected except for the Schedules where details of borrower/customer, dates of letter of offer/Facilities Agreement etc are to be inserted.  

(e) Documentation Administration fee:  RM100-00 per case/letter of instructions.  

  1. Mode of Payment: By way of cheque in favour of “OCBC Bank (Malaysia) Berhad” for conventional facilities and “OCBC Al-Amin Bank Berhad” for Islamic facilities.
  2. Time of Payment: Send together with the documents to Secured Loan Operations (formerly known as Consumer Program Lending Processing/CPLP) for execution.
  3. This cost is to be borne by the attending lawyer and not by the customer/borrower.
 

(f) Photostating charges (billed to borrower): Not to exceed RM50-00 per letter of instructions.

    • Paper Specification – not less than Simili 70g, white
 

(g) Updates to Standard Documents: Will be available periodically via override to entire CD Rom. Please refer to our website at www.ocbc.com.my to keep yourself posted on the Bank’s list of Standard Documents and updated versions.  

(h) Formats/Templates: Where we provide formats/templates, they are to be used as a guide and you are to ensure that they are suitable for the cases you are handling and if not, you are to advise the Bank and provide the requisite documents/formats suitable for the case.

1.2Customization of legal/security documentation, wherever required, must be advised by Attending Lawyer 

Not all credit facilities granted by the Bank can be documented using the Standard Documents. In such cases, notwithstanding that the Bank had issued instructions to the attending lawyer to use the Standard Documents, the lawyer in attendance must advise the Bank and draft the appropriate documents to be used to best cater to the circumstances to safeguard the Bank’s interests at all times.  

The attending lawyer must at all times ensure that the Standard Documents, formats/ templates provided by the Bank are suitable for the case at hand.

2.Turnaround Time 

The turnaround time for the legal documentation process for facilities secured by property with individual title/without individual title and other securities is set out in the Schedule.

 

3.

 

Attending to Borrowers/Security Parties 

You are to explain to the borrowers and security parties the terms of the facilities and the documents and handle any queries the borrowers and security parties may have in respect of the legal documentation.

 

4.1

Advice given by Attending Lawyer

Advice given by attending lawyer to the Bank must be precise, clear and unambiguous as to the legality, validity and enforceability of the Bank’s rights against the borrower, guarantors, security parties and the securities taken.  

Advice or actions proposed by attending lawyer to safeguard Bank’s legal and security position in the financing arrangement must be given on a timely basis to enable the Bank to review the financing/security arrangement, if necessary, or take such other action, without compromising the Bank’s rights. 

 

4.2

 

    Advising Release of Facilities 

When attending to matters for the Banks,  please refer to the following formats for letters advising release (“LAR”) (whichever applicable) as to the minimum requirements of the Bank on searches,  verifications and confirmations required  before advising release of redemption sum/facilities and of the balance of the facilities:- 

    (a) Format 1: Letters  Advising Release of Facilities

              -Conventional Facilities [Code: OCBC(M)/LRC/CFS/LAR-1st Release/1-2014] (updated 20 March 2014);

              -Islamic Facilities [Code: Al-Amin/LRC/CFS_i/LAR-1st Release/1-2014] (updated 20 March 2014); 

      And 

        (b) Format 2: Letter Advising Release of Balance Sum

        -Conventional Facilities [Code: OCBC(M)/LRC/CFS/LAR_Balance/1-2014] (updated 20 March 2014);

        -Islamic Facilities [Code: Al-Amin/LRC/CFS_i/LAR_Balance/1-2014] (updated 20 March 2014). 

        Where the items listed in the formats are not required, please select the correct check box.  Please delete items which are not applicable by striking through the items.

        Please refer to our website at www.ocbc.com.my for the latest formats of Letters Advising Releasehttp://www.ocbc.com.my/assets/pdf/Loans/legal_pdf/Facilities_Agreement_CFS_2_2012.doc

5.Administrative Details 

You are to inform the Bank in writing  immediately on any changes of  the following details:

(1)   Name of Firm

(2)   Partner(s)-in-charge of OCBC work

(3)   Contact details – telephone & facsimile numbers

(4)   Firm’s email address

(5)   Professional Indemnity Insurance 

Please send the Documents/Letter to the following: 

Partner Alliance Team (Secured Lending Department)

OCBC Bank (Malaysia) Berhad

16th Floor, Menara OCBC

No. 18, Jalan Tun Perak

50050 Kuala Lumpur

Tel No. : 603 – 2783 4158 / 2783 3270

Fax No.: 603 – 2694 8096

Email: partnerallianceteam@ocbc.com

6.Routing of Communication & Documents 

All correspondences/documents/communication to the Bank are to be routed to:  

Secured Loan Operations (formerly known as Consumer Program Lending Processing/CPLP)

OCBC Bank (Malaysia) Berhad

Ground Floor, Wisma Lee Rubber

Jalan Melaka

50100 Kuala Lumpur

Tel No. : 603 – 2053 7600

Fax No.: 603 – 2031 6868 [Documentation Unit]

              603 – 2072 4899 [Release Unit]

Email: loanopsmy-helpdesk@ocbc.com 

 
 
 
 
 
 
 
 
 
 
 
 

(B) Schedule – Turnaround Time 


                                          > start="3"                             
A. FOR FACILITIES SECURED AGAINST PROPERTY WITH INDIVIDUAL TITLE & OTHER SECURITIES 
No.Process Flow 1Turnaround Time From Start Date (unless stated otherwise)
1.Letter of Instructions To SolicitorsStart Date
2.1The Borrower & Security Parties to execute Facility Agreement (“FA”), security documents and  other related documents set out in the Letter of Offer, the Letter Advising Release (“LAR”) and as advised by you. Within 2 weeks from Start Date
 Obtain the following documents from Borrower & Security Parties :

(1)   S&P Agreement

(2)   Copy of title

    (3)   Where Borrower/security party is a

              - company/partnership:   M&A, certificate of incorporation, Forms 24, 44, 49 /certificate of business registration

             -  limited liability partnership: partnership agreement (if any), Notice of Registration, etc

    (4)    Where Borrower/security party is a society  -Constitution of Society

(5)   Quit rent/Assessment receipts

(6)   Any other documents required.

 
2.2Send MOT for adjudication (if attending to the MOT)Within 1 week of signing S&P.
2.3Documents Sent to Bank – For Execution

    (a)  Forward FA, security documents to Bank for execution & enclosing documents required.

    (b) Where there are undertakings/confirmations required from the Bank, please advise the Bank on the content of these undertakings/confirmations and request for them from the Bank at this point in time. Where the undertaking required from the Bank is an unconditional undertaking except for the payment of the differential sum between the purchase price and the facility amount, the Bank will only issue the undertaking after all other conditions precedent for release have been fulfilled except for the payment of the differential sum.

    (c)   Execution and return of FA and security documents by Bank. 

    (d)   Where documents require amendment, solicitors to revert no later than 3 days from return of documents.

Within 2 weeks from Start Date 
3.Searches to be conducted and obtained from :-
  1. CCM/Registrar of Societies
  2. Land searches
Within 1 week from Start Date
 DGI (for Malaysian nationals)
    1. For British, Australian and S’pore nationals – bankruptcy search report in Malaysia and their country of origin
    2. For other foreign nationals, bankruptcy search in M’sia and SD that he/she not bankrupt (use Bank’s std template as guide)
Within 4 – 8 weeks from Start Date
4. Request and obtain the requisite letters of  undertaking/redemption statement from:

(1)    Developer/Registered Proprietor/Vendor/

            Contractor 

(2)    Bridging Financier/Existing Chargee

    (3)    Purchaser’s & Vendor’s Solicitors (not necessary if the solicitors also act for the Bank)

Within 2  weeks from Start Date
5.1Where there is restriction-in-interest on property:

To obtain the following : 

    (1)    Consent to Transfer in favour of the Chargor (if also attending to S&P)

Within 6 – 8 weeks from Start Date or within the time frame (“Cut-off Date”) in S&P to obtain the consent, whichever is the later
 (2)   Consent to Charge in favour of Bank 
Within 6 – 8 weeks from Start Date from obtaining consent to transfer or from the Start Date, whichever is the earlier, if the applications cannot be submitted together
5.2Where purchaser is a Foreigner/foreign company:

To obtain EPU approval (if required) & State Authority’s approval for acquisition of property.

Within 6 – 8 weeks from Start Date or within the time frame (“Cut-off Date”) in S&P to obtain the consent, whichever is the later
5.3Where the property is a Malay Reserve Land and the Chargor is non-Malay:

Check the relevant state Malay Reservation Enactment (MRL Act) as to :- 

    (1)    whether the MRL Act allows a non-Malay to be registered as a proprietor subject to the approval required from the State Authority/Exco; and

(2)    to obtain such approval/blanket approval.

Within 6 – 8 weeks from Start Date or within the time frame (“Cut-off Date”) in S&P to obtain the consent, whichever is the later
 
 
 
 
 

PART 2: What the Bank Expects from You 

(A)  Upon Receiving Letter of Instruction 

  1. Examine the underlying transaction and ensure that the bank obtains a good title to the subject property 

    1. Immediately highlight to the Bank any of these:-

          I.        Developer/Proprietor wound up

        1. Borrower/ Purchaser/Vendor is an undischarged bankrupt or wound up
        2. Purchase of Property without title by Foreigner in Selangor
        3. Auction case where completion has lapsed without further extension
        4. Completion Date is less than 1 month away;
        5. Borrower appointed PA/ Trustee
     

            Some Transactions To Be Avoided:-

        • Leasehold Properties for sub-sales under Master Title with remaining tenure of less than 80 years (West Malaysia) and 40 years (East Malaysia);
        • Condo/apartment units aged above 15years (exceptions: Units located in Klang Valley and Penang Island with market value more than RM200,000);
        • Properties held under Master Title where the developer is in liquidation/wound up/insolvent;
        • Borrower/Purchaser/Vendor is an undischarged bankrupt/wound up
        • Financing of foreign purchasers of property under Master Title in Selangor (exceptions: Consent from State Authority has been obtained)
     

      c)  Check our Letter of Offer to ensure:

      I. Our Letter of Offer is in order

      II.        Complete with Annexure

        III.      Accepted, witnessed and dated

        IV.      Pre-drawdown conditions are appropriate and sufficient to protect the Bank’s interests. Immediately highlight any issues in the LO that may impact the Bank, the Borrower or the transaction.  

          d) Conduct land search to ensure land title details in line with the underlying transaction in respect of the subject property e.g.

              I.   Particulars of title;

              II.  Correct ownership;

              III.  Land use;

              IV.  Restriction-in-interest;

              V.  Encumbrances; etc  

        e) Use the correct set of Bank’s standard security documents and ensure particulars inserted into the Schedules are correct.  
         

        (B) Upon Sending Security Documents for Execution   

        1. Use the Bank’s standard advice template and address the issues relevant to each case.
        1. Enclose legible copy of Loan and Security Documents required (Please refer to PART 3 – Loan and Security Documents Matrix
        1. Check to ensure the security documents are free of typo-errors and in compliance with the Bank’s standard requirement. 
        1. All the securities parties had signed on the security documents. 
        1. Provide legal advice when the result of the land search is not in line with the development (residential unit or service apartment) financed by the bank. 
        1. Provide legal advice where the underlying transactions involve following instruments  

          (List not exhaustive)

          1. Vendors/Purchaser/borrower in capacity as Trustees
          2. Documents executed for & on behalf by appointed Power of Attorney
          3. Sale of property by representative of deceased’s estate (property still under deceased name)
          4. Subsidiary agreements e.g. rebate; renovation or supplementary purchase agreement, etc.
         

        (C) Upon Advising for Release 

        1. Use and complete the Bank’s standard advice template appropriately for each case.
        1. Forward original security documents already perfected. 
        1. Forward copy of all supporting documents or security documents pending perfection (Please refer to PART 3 – Loans and Security Documents  Matrix
        1. Confirm that all queries/discrepancies raised by the Bank already attended and/or rectified. To provide commentary, if any. 
        1. State clearly the stage of release e.g.  
          1. Lump sum or progressively
          2. Exact amount to be released (due now and future billings, where applicable)
          3. Name of the beneficiary
          4. HDA Account No (involving statutory SPA)
         
         

          Note: Only advise for release if differential sum had been settled and all terms & conditions stated in Bank’s Letter of Offer had been complied. 
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           

          PART 3:  Loans and Security Documents Matrix 

          (A)  Upon Sending Security Documents for Execution   


              Documents that must be sent together with FA and Security Documents for Bank’s Execution
          1. Letter enclosing documents for Bank’s execution Please indicate:
          • Completion Date of SPA
          • Extended Completion Date (If applicable)
          • Billing Due Date (if available)
           

          Property Without Title

          *Facility Agreement

          Deed of Assignment

          Power of Attorney 

          Property with Title

          *Facility Agreement

          Charge 

          * The Letter of offer must be attached to Part C of the Facility Agreement. Please make sure the Facility Agreement signed is latest Version posted at  www.ocbc.com website coded:

          OCBC(M)/LRC/FA(CFS)/2-2012. The Facility Agreement is also available in CD Rom [Latest Edition]

          2.
          • Borrower
          • Chargor/ Assignor
          • Guarantor
           
          M’sian Individual Borrower
          • Copy of I/C
          • SD by Borrower and Chargor/ Assignor that property owner occupied
          • Bankruptcy search
           

          Foreign Individual Borrower

          • Copy of I/C and  Passport
          • Bankruptcy search with M’sian DGI and Search report from their country of origin for British, Australian and Spore nationals
          • For  foreign nationals (who are not British, Australian or Singaporean), SD that he/she not bankrupt (use Bank’s std template as guide)
           

          Company as Chargor/Assignor/Guarantor

          • M&A,
          • Certificate of Incorporation,
          • Forms 24, 44, 49
          • board resolution of chargor/assignor 
          • Shareholder’s resolution of chargor/assignor 

            (all CTC by  company secretary)

          • Confirmation from company secretary that the company is an exempt private company and its charge/ assignment of the Property to secure the Loan does not contravene S133A Companies Act.
           

          Limited liability Partnership as Chargor/Assignor/Guarantor

          • Partnership agreement;
          • Notice of Registration;
          • Resolution of Partners;
          • Declaration of Solvency;

            (all CTC by Compliance Officer)

          • Statutory declaration by Compliance Officer that the  property is not charged or encumbered
           

          If Vendor in sub-sale issued PA

          • Enclose CTC Power of Attorney by High Court
          3.
          • Vendor in sub-sale
          • Developer
          • Proprietor
           
          M’sian Individual Vendor 
          • Copy of I/C
          • Bankruptcy search
           

          Foreign Individual Vendor 

          • Copy of I/C and Passport
          • Bankruptcy search with M’sian DGI
          • Bankruptcy search report from their country of origin for British, Australian and Spore nationals
          • For  foreign nationals (who are not British; Australian or Singaporean), SD that he/she not bankrupt (use Bank’s std template as guide)
           

          M’sian Developer/Proprietor/Vendor (Company)

          • CCM search & Winding Up search
           

          M’sian Vendor (Company)

          • CCM search & Winding Up search
          • Board resolution duly CTC by company secretary
           

          Foreign Developer/Vendor (Company)

          • Equivalent company search report from their country of origin for British, Australian and Spore incorporated companies.
          • CCM search only if company registered as foreign co with CCM in M’sia
          4. Property  
           
           
           
           
          Sale and Purchase Agreement (SPA)
          • Principal SPA (copy)
          • Current sub-sale SPA (copy)
          • Proclamation of Sale (copy)
          • Construction Agreement (copy) if applicable
           

          If Property sold with Upgrading/Renovation

          • Upgrading/renovation agreement (copy)
           

          If Car Park sold separately

          • Car park agreement (copy)
           

          Land Search Report

          • Master Title
          • Individual Title
          • Manual Strata Title Search (date, chop & sign)
           

          Land Title not Converted to Residential

          • copy of land office approval for conversion to Residential
          • copy of premium receipt
          5. Schedule to the FA and Security Documents All schedule page of the documents must be initialed  by the borrower / security party 

          If Foreign national or Malaysian(with foreign address)

          • The section in the Schedule on appointment of agent must be filled up with name and address of a person (“the Agent”) in Malaysia
          • Foreign national’s original Letter of Appointment of Agent
          6. Strata Register is opened  but strata title not extracted
          • Please check with developer the status of the subdivision, whether the strata title has been issued
          • If the physical strata title & strata title particulars are not available, please let us have your (solicitor) written confirmation that:-
            1. notwithstanding that strata title register has been opened, the physical title has not been extracted from the land office;
            1. developer is unable to furnish the strata title particulars and unable to confirm when the physical title can be extracted; and
            2. security by way of Deed of Assignment will protect Bank’s interest.
          7. Signature of Borrower/Chargor Assignor differs between the loan documents, Letter of Offer, Sale and/or Purchase Agreement (SPA) Obtain written confirmation from the Borrower/ Chargor/ Assignor that he/she signed the documents listed in his/her confirmation.
          8. Borrower/Chargor/ Assignor use thumbprint on legal document  Please indicate left or right thumb print is used in the documents.
          9. Address of Borrower/Chargor/ Assignor  on legal document

          different from address in  Letter of Offer

          Please obtain a written confirmation from the Borrower/ Chargor/ Assignor that he/ she would like to change address to that in the legal document
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           

          (B)  Upon Sending Documents for Drawdown   


              Documents that must be sent to Bank for Loan Drawdown
          1. Advice for Loan Drawdown Letter of Advice for Loan Drawdown duly completed  

          Please indicate:

          • Completion Date of SPA
          • Extended Completion Date (If applicable - Enclose letter from Vendor extending Completion Date)
          • Billing Due Date (if available)
          2. Individual Title/Master Title not encumbered 
          • Direct Purchase from Developer
          • Sub-sale
          1. Property with Individual Title
          • Letter Advising release of Loan
          • Facility Agreement stamped
          • Letter of Undertaking from Developer (if purchase from developer)
          • Letter of Undertaking from Vendor (for sub-sale)
          • Land Title and registered Duplicate Charge (if extracted from land office)
          • Land Office receipt of  presentation of land charge
          • Land search at time of presentation.
          1. Property without Individual Title   
          • Letter Advising release of Loan
          • Facility Agreement stamped
          • Deed of Assignment
          • Notice of Assignment with Developer’s acknowledgement /confirmation that all charges under SPA paid
          • Letter of Undertaking from Developer
          • Land search on Master title
          • Principal SPA
          • Deed of Assignment (by way of Transfer between Assignor and Vendor)
          • Statutory Declaration for Owner  Occupation
          • For foreign nationals (who are not British; Australian or Singaporean), SD that he/she not bankrupt (use Bank’s std template as guide). For  British, Australian and Spore nationals, bankruptcy search report from their country of origin
          • State Authority consent for purchase by  foreign national
          • Land office consent for Transfer and Charge if restriction in interest on title
          1. Other Documents/Confirmation (apply to A & B)  
          • Developer’s Licence
          • Developer’s Billing claims and architect’s certs.
          1. Other security documents  
          • Letter of Guarantee
          • Cash Deposit Agreement
          • Assignment of Proceeds
           
          Islamic Financing (OCBC Al-Amin)

          Transaction documents

          • ijarah Agreement
          • Asset Purchase Agreement
           


          3. Individual title /Master Title Encumbered 
            • Direct Purchase from Developer
            • Sub-sale
          1. Release of Redemption Sum
          • Letter Advising release of Redemption Sum
          • Master Chargee Letter of Disclaimer cum Redemption Statement (for direct purchase from developer)
          • Redemption Statement cum Undertaking from Chargee /Assignee (for sub-sale)
          • Facility Agreement stamped ad-valorem (copy)
          • Private Caveat presentation number (if individual title available)
          • Land search at time of presentation of private caveat.
          • Letter of Undertaking from Developer (if purchase from developer)
          • Letter of Undertaking from Vendor (for sub-sale)
          • Statutory Declaration for Owner  Occupation duly affirmed and stamped
          • For foreign nationals (who are not British; Australian or Singaporean), SD that he/she not bankrupt (use Bank’s std template as guide). For  British, Australian and Spore nationals, bankruptcy search report from their country of origin
          • State Authority consent for purchase by  foreign national
          • Land office consent for Transfer and Charge (if restriction in interest on title)
           
          Other Documents/Confirmation
          • Developer’s Licence
          • Developer’s Billing claims and architect’s certs.
          • Solicitor’s confirmation  that the comments highlighted during execution stage have been duly attended
           

          Other security documents (if applicable)

          • Letter of Guarantee
          • Cash Deposit Agreement
          • Assignment of Proceeds
          1. Release of Balance Loan 
           

          (Property with title)

          • Land Title and registered Duplicate Charge (if extracted from land office)
          • Land Office receipt of  presentation of discharge of charge and land charge
          • Land search at time of presentation of land charge.
           

          (Property without title)

          • Notice of Assignment with Developer’s acknowledgement /confirmation that all charges under Principal SPA paid
          • Principal SPA
          • Sub-sale SPA
          • Receipt and Reassignment
          • Deed of Assignment (by way of Transfer between Assignor and vendor)
          • Deed Of Assignment (Bank and Assignor)
          • Power of Attorney registered in High Court
           

          Other documents/Confirmation

          • Developer’s billing claims and architect’s certs
          4. Chargor/ Assignor is a Company
          • M&A,
          • Certificate of Incorporation
          • Forms 24, 44, 49
          • Board resolution of chargor/assignor 
          • Shareholder’s resolution of Chargor/Assignor
          • Confirmation by Co Secretary that Chargor/Assignor is exempt private company(all CTC by  company secretary)
          • Auditor’s confirmation that Chargor/Assignor is solvent
          • CCM search and to extract Form 34 for unsatisfied charges
          • Form 34 signed by Chargor/Assignor and filed with CCM and receipt
          • Form 40 issued by CCM
            Chargor/ Assignor is a Limited Liability Partnership  
          • Partnership agreement;
          • Notice of Registration;
          • Resolution of Partners;
          • Declaration of Solvency
            (all CTC by Compliance Officer)
          • Statutory declaration by Compliance Officer that the  property is not charged or encumbered
            Vendor is a Company/Limited liability Partnership (LLP) Company:
          • CCM search and to extract Form 34 for unsatisfied charges
          • Board resolution of Vendor duly CTC by company secretary
           

          LLP:

          • Notice of Registration;
          • Resolution of Partners;
          • Declaration of Solvency

            (all CTC by Compliance Officer)

          • Statutory declaration by Compliance Officer that the  property is not charged or encumbered
          5. Auction Property
            Property with Title
          • Original Proclamation of Sale (“POS”) signed by Borrower /Agent of Borrower
          • If POS signed by Agent of Borrower, enclose letter of Authorisation from Borrower
           

            Property without Title

          • Letter of Undertaking from Assignee
           

            Note : If title issued with restriction in interest but auction proceed based on deed of assignment, must enclose consent to transfer and charge

          6. Letter of Advise
          • Please check Yes or NO in the boxes provided and delete if not applicable
          • Please confirm that the comments highlighted during execution stage have been duly attended
          • Please ensure that the Bank’s security documents have been reviewed by you, are in order and you have witnessed the execution of the same.
          • Please explain to the Borrower on the charges in your invoice for legal fees and disbursements.
          7. Borrower’s/ Chargor’s Letter of Consent to release the facility progressively upon lodgment of Private Caveat for property with individual title
          • Please obtain written confirmation from Borrower/ Chargor agreeing to the arrangement.
           
          8. Facility Agreement duly stamped ad-valorem To perform and enclose authentication of ad-valorem stamp duty paid (Pengesahan duty stamp).

          LHDN website: https://stamps.hasil.gov.my/stamps

           

          *For Online Stamping:

          Kindly forward the ORIGINAL e-SIJIL/Sijil Stamp/Confirmation of Stamping of which is to be PRINTED ON  a 80-gm white A4 paper together with the  loan & security documents for Bank’s safe keeping. 

          *For Manual stamping (Digital franking – green color):

          Kindly furnish the print out of the Online Authentication/ Verification of the stamp duty paid based on the search conducted via LHDN’s website (https://stamps.hasil.gov.my/stamps).  

          Kindly also ensure that any stamp duty remission or penalty imposed must be endorsed by the Timbalan Pemungut Duti Setem.

          9. Letter of indemnity (a) Indemnity by purchaser/borrower of property without title under Sec 433 E NLC

          - applicable for cases where vendor is a foreigner but state authority consent for purchase by foreigner was not obtained.   
           

          (b) Indemnity by borrower/purchaser required under Developer Bearing Interest Scheme (DBIS) – Deferred MOT scheme 
           

          (c) Other cases – eg where the developer is insolvent and terminating the loan could result in forfeiture of the deposit, the bank may release the loan against indemnity form the borrower/purchaser.  
           

          (b)


          --

          ? 2013 OCBC Bank (Malaysia) Berhad

          All rights reserved. No part of these materials may be modified, stored in a retrieval system, transmitted (in any form or by any means), copied, distributed or used in any other way for commercial or public purposes without OCBC Bank's prior written consent.  

           

          1For Sabah & Sarawak – the reference to terms used in West Malaysia will also cover the relevant corresponding statutory forms applicable to Sabah and Sarawak.

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