The Promissory Note And Deed Of Trust is utilized in Malaysian business and financial transactions where parties seek to combine debt obligations with trust-based asset protection or management. This document is particularly relevant when lenders require additional security measures beyond a simple promissory note, or when borrowers wish to structure their debt obligations through a trust arrangement. It provides a comprehensive framework governed by Malaysian law, incorporating elements from the Bills of Exchange Act, Trustee Act, and Contracts Act. The document typically includes detailed payment terms, trust property specifications, trustee powers and obligations, enforcement mechanisms, and security arrangements. It's commonly used in corporate financing, real estate transactions, and structured lending arrangements where asset protection and debt management need to be simultaneously addressed.
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1. Parties: Identifies the Maker (promissor), Payee (promissee), and Trustee(s)
2. Background: Explains the context of the debt obligation and reason for creating the trust arrangement
3. Definitions: Defines key terms used throughout the document
4. Promise to Pay: Contains the unconditional promise to pay a specific sum, including payment terms and interest rate
5. Trust Declaration: Establishes the trust, its purpose, and the property being held in trust
6. Trustee Powers and Duties: Details the specific powers granted to trustees and their obligations
7. Security Arrangements: Describes any collateral or security provided for the promissory note
8. Events of Default: Lists circumstances that constitute default and consequences
9. Enforcement Rights: Specifies the rights and remedies available upon default
10. Trust Property Administration: Details how the trust property will be managed and administered
11. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and relevant jurisdiction
1. Multiple Trustees Provisions: Include when there are multiple trustees to govern their relationship and decision-making
2. Successor Trustee Provisions: Include when specific provisions for trustee succession are required
3. Security Trustee Provisions: Include when a separate security trustee is appointed
4. Acceleration Clause: Include when early payment provisions are desired
5. Trust Income Distribution: Include when trust generates income that needs distribution rules
6. Foreign Currency Provisions: Include when the promissory note involves foreign currency
1. Payment Schedule: Detailed schedule of payment dates, amounts, and interest calculations
2. Trust Property Schedule: Detailed description and/or inventory of all property held in trust
3. Security Details: Detailed description of any security or collateral provided
4. Trustee Compensation Schedule: Details of trustee fees and reimbursement arrangements
5. Authorized Signatories: List of authorized signatories and their signing powers
6. Form of Transfer: Template for transferring the promissory note if it is negotiable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate
Corporate Finance
Investment Management
Asset Management
Family Office Services
Wealth Management
Commercial Lending
Property Development
Private Equity
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Secretarial
Trust Administration
Asset Management
Investment
Property Management
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Trust Officer
Financial Controller
Investment Manager
Asset Manager
Compliance Officer
Risk Manager
Treasury Manager
Company Secretary
Debt Finance Manager
Trust Administrator
Property Manager
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