e PRECEDENTS, AGREEMENTS,FORMS & NOTES 2021 IN CD ROM BY MARCEL JUDE -

 e PRECEDENTS, AGREEMENTS,FORMS & NOTES 2021 IN CD ROM BY MARCEL JUDE -
This CD-ROM contains all the contracts and agreements in a format that enables users to find the appropriate precedent in a matter of seconds at the touch of a button. All precedents can be printed out in hard copy. To help draft documents, you can use the auto fill blanks and the contract/agreement is automatically drafted. There is also on-screen access to over many boiler plater clauses The CD-ROM is ready to install into a network and is Windows based. .HAPPY NEW YEAR MALAYSIA



BINDER 1 - MISCELLANEOUS AGREEMENTS

1. Shareholders Agreement

2. Sale Of Shares Agreement

3. Sale Of Business Agreement

4. Confidentiality Agreement

5. Amalgamation Agreement

6. Profit Guarantee Agreement

7. Partnership Agreement

8. Consultancy Agreement

9. Managing Director Contract

10. Stakeholder Agreement

11. Contribution Agreement - Shareholders

12. Joint Venture Cum Shareholders Agreement

13. Agency Agreement

14. Non Disclosure Agreement

15. Appointment Of Distributor

16. Advance Payment Agreement - Shareholder

17. Promoter Cum Investor Agreement

18. Option To Purchase (Shares) Agreement

19. Deed Of Termination Of Shareholder

20. Deed Of Partnership - Admit New Partner

21. Deed Of Dissolution Of Partnership

22. Deed Of Retirement Of Partnership

23. Service Agreement - Employment

24. Deed Of Assignment - Business

25. Subscription Agreement

26. Cooperation Agreement - Performance Of Contract 2 7. Management Agreement

28. Merchandising Agreement

29. Buy Out Agreement - Shares

30. Deed Of Indemnity - Partnership

31. Marketing Agreement

32. Lease Agreement - Commercial Premises

33. Deed Of Indemnity - Shares

34. Appointment Of Consultant

35. Distribution Agreemet - Shares

36. Repayment Agreement

31. Settlement Agreement - Standard

38. Engagement Agreement - Professional Services

39. Joint Venture Agreement - Marketing

40. Novation Agreement - Shares

41. Loan Stock Instrument

42. Corporate Tax Deed

43. Exclusive Network Member Agreement

44. Sale Of Goods

45. Sponsorship Agreement 4 6. Assignm ent Of Debts

47. Joint And Several Guarantee

48. Tenancy Agreement - Office

49. Dealership Agreement

50. Franchise Agreement



BINDER TWO - Joint Venture & Consortium Agreement (10)

1) Consortium Agreement

2) Consortium Cum Joint Venture Agreement

3) Joint Venture Agreement (Deveioper / Landowner)

4) Joint Venture Agreement (Government Project Work)

5) Joint Venture Agreement (Manufacturer / Export)

6) Joint Venture Agreement (Multilevel Marketing)

7) Joint Venture Agreement (Tendering Work)

8) Consortium Agreement - Tender

9) Joint Venture Agreement - Developer / Landowner

10) Joint Venture Cum Shareholders Agreement



BINDER 3 - Developer / Contractor's Agreement (24)

1) Turnkey Construction Cum Development Agreement

2) Construction Agreement - Developer / Landowner

3) Project Management & Construction Agreement

4) Appointment Of Contractors

5) Sale & Purchase (Developer / Landowner)

6) Sub Contract Agreement

7) Renovation Works Agreement

8) Construction Agreement

9) Deed Of Mutual Covenants

10) Appointment Of Sub Contractor

11) Distribution Agreement - Property

12) Subcontract Agreement (1)

13) Subcontract Agreement (2)

14) Joint & Several Guarantee

15) Revocation & Rescission Agreement

16) Deed Of Indemnity - Developer

17) Novation Agreement

18) Sale & Purchase - Contra Debt

19) Sale & Purchase - Developer- 3 Storey Shop Office

20) Sale & Purchase - Land / Developer

21) Full Power Of A ttorney - Developer

22) Settlement Agreement - Contra Property

23) Memorandum Of Understanding - Developer / Landowner

24) Building Works Agreement



BINDER 4 - Standard Company Agreement (35)

1) Consultancy Agreement

2) Sale Of Business Agreement

3) Shareholder's Agreement

4) Sale Of Shares Agreement

5) Option Agreement - Shares

6) Employment Agreement

7) Debt Repayment Agreement

8) Corporate Guarantee

9) Deed Of Termination Of Shareholder's

10) Managing Director- Service Contract

11) Novation Agreement - Shares

12) Settlement Agreement (Sold / Deliver Materials)

13) Settlement Agreement (Monies / Contra Property)

14) Guarantee & Indemnity

15) Deed Of Discharge (Guarantor)

16) Deed Of Indemnity (Shares)

17) Substitution Agreement

18) Option To Purchase Agreement

19) Shareholder Agreement (1)

20) Shareholder Agreement (2)

21) Production Option Agreement

22) Appointment Of Consultant

23) Advance Payment Agreement - Shareholders

24) Distribution Agreement - Shares

25) Deed Of Renunciation

26) Assignment Of Debts Agreement

27) Employer Loan Agreement

28) Friendly Loan Agreement

29) Deed Of Compromise

30) Sale Of Shares Agreement (1)

31) Sale Of Shares Agreement (2)

32) Sale Of Shares Agreement (3)

33) Sale Of Share - Rescue Scheme

34) Non Disclosure Agreement

35) Stakeholder Agreement



BINDER 5 - Partnership Agreement (4)

1) Partnership Agreement

2) Promoter Cum Investor Agreement

3) Amalgamation Agreement- Companies

4) Deed Of Partnership - Admitting New Partner



BINDER 6 - Agency And Marketing Agreement (5)

1) Distribution & Marketing Agreement

2) Appointment Of Distributor Agreement

3) Marketing Agreement

4) Agency Agreement

5) Dealership Agreement



BINDER 7 - Turnkey Agreement (5)

1) Turnkey Agreement - Land

2) Novation Agreement (Turnkey Rights)

3) Revocation Of Turnkey Agreement

4) Settlement Agreement- Turnkey Rights

5) Turnkey Agreement-Software



BINDER 8 - Management And Service Agreement (8)

1) Repair & Maintenance Agreement

2) Engagement Agreement (Professional Services)

3) Operation & Management Agreement - (Resort)

4) Management Agreement - Business Park

5) Service Agreement - Employment

6) Engagement Agreement - Hotel Services

7) Maintenance Agreement - Software

8) Service Agreement - Orchard



BINDER 9 - Lease And Tenancy Agreement (12)

1) Lease Agreement - Land

2) Tenancy - Condominium

3) Tenancy - Factory

4) Tenancy - Food Court

5) Tenancy - Shopping Mall

6) Lease Agreement - Commercial Premises

7) Tenancy Agreement - Foodcentre

8) Tenancy Agreement - Multipurpose Club

9) Tenancy Agreement - Office Tower

10) Tenancy Agreement - Theme Park

11) Tenancy Agreement - Internet Cafe

12) Tenancy Agreement - Trading Houseware



BINDER 10 - Trust Deed/Will (7)

1) Trust Deed - Shares

2) Trust Deed Cum PA

3) Deed Of Appointment (Trustee)

4) Will (1)

5) Trust Deed - Standard

6) Trust Deed - Monies

7) Will (2)



BINDER 11 - Other Miscellaneous Agreements (15)

1) Sponsorship Agreement

2) Quarry Agreement

3) Film Distribution Agreement

4) Factoring Agreement

5) Separation Agreement - Family Matters

6) Limousine Agreement

7) Sale & Purchase (Car)

8) Supplemental Agreement

9) Debenture

10) Car Loan Agreement

11) Revocation Of Debenture & PA

12) Deed Of Assignment - Rental

13) Supplementary Agreement - Car Park

14) Settlement Agreement- Instalment

15) Settlement Agreement - Accident Matter



CONVEYANCING CHECKLIST

CONVEYANCING CHECKLIST 1

Parties Relevant to a Sale and Purchase Transaction

Concept Involved in Buying and Selling Real Property

o Duty of Vendor to Deliver Property Free from Encumbrances

o Caveat Emptor: Duty of Purchaser's Solicitor to Make Land Search

o Time Frame Given for Completion of Contract

o Restrictions in Interests

o Real Property Gains Tax

o Documents Essential in the Sale and Purchase of Property

o Adjudication of Transfer

o Adjudicating the Deed of Assignment



CONVEYANCING CHECK LIST 2 - Acting for Purchaser Buying Property with Title from Vendor Who is not a Developer

Standard Terms

Purchase and Vendor to Engage Own Solicitors

Vendor's Solicitor to Prepare Sale and Purchase Agreement

Land Search

Bankruptcy or Company Liquidation Search on Vendor

Where Vendor Sells by a Power of Attorney

Particulars Needed for the Preparation of the Sale and Purchase Agreement

Drafting the Sale and Purchase Agreement

Checklist of Clauses

Prepare the Memorandum of Transfer

Real Property Gains Tax

Prepare Form CKHT 2A

Exemption from Real Property Gains Tax

The Caveat

Preparing the Caveat

Withdrawal of Caveat

Preparing the Bill

Document to Get from the Purchaser

Documents Ready for Execution

Purchaser to Sign Documents

Purchaser to Retain 2% of Purchase Price for Real Property Gains Tax

Forwarding Documents to Vendor's Solicitor

Documents to Expect from the Vendor

Stamping the Sale and Purchase Agreement

Purchaser's Copies of Documents

Vendor's Copy of the Sale and Purchase Agreement

Enter Caveat

Filing Form CKHT 2A where Property Gains Tax is Payable

Filing CKHT Forms where Capital Gains is Not Taxable

Refunding the 2% of Purchase Price

Purchaser's Loan: Letter of Undertaking from Purchaser's Solicitor

When to Submit MOT for Adjudication

Adjudication Online

Particulars Required for Adjudication (Form PDS 15)

Payment of Stamp Duty Over the Counter

E-payment of Stamp Duty

Forwarding the MOT to Purchaser's Financier's Solicitor for Registration

Receipts from Vendor on Settlement of Outgoings

Completion Date

Cash Buyer where the Vendor's Loan is Still Outstanding

Cash Buyer where the Property is Free from Encumbrance

Checklist of Documents Needed to be Presented for Registration of Transfer

CONVEYANCING CHECKLIST 3 Acting for Purchaser Buying a Parcel Under a Subsale

Subsale

Vendor to Engage His Own Solicitor

Register of Ownership Kept by the Developer

Restrictions in Interests Against the Master Title and State Consent

Contact Vendor's Solicitor

Get Developer to Confirm Particulars

Make a Land Search

Sight a Copy of the Vendor's Loan Statement

Drafting the Sale and Purchase Agreement

Preparing the Deed of Assignment

Form CKHT 2A

Prepare Private Caveat

The Bill

Documents for Execution

Vendor to sign Documents

Stamping of Sale and Purchase Agreement

Deed of Assignment Not to be Stamped Until Later

Filing CKHT 2A Where Property is Not Exempt from Tax

Filing CKHT 2A and CKHT 3 where Property is Exempt from Property Gains Tax

Purchaser's Solicitor' Undertaking

Dating Deed of Receipt and Reassignment and Deed of Assignment

Adjudication of Deed of Assignment

Paying Stamp Duty Over the Counter

Paying Stamp Duty Online

Original Copy Deed of Assignment to be Kept by Purchaser's Financier

Developer's Copy of Deed of Assignment

Completion Date

Issue of Strata Title

Preparing Memorandum of Transfer for Subsale

Schedule of MOT

Executing the MOT

Adjudication of MOT in Subsale When Strata Title is Issued

Stamp MOT

Legal Fee for Transfer upon Issue of Strata Title

Checklist of Documents to Forward to End-Financier's Solicitors for Registration

Presenting for Registration of Transfer at Land Office

Collecting the Title



CONVEYANCING CHECKLIST 4 Acting for the Vendor Selling Property Where Title is Issued

Procedure in Acting for a Vendor Where Issue Document of Title to Property is Available o Instruction from Vendor to Act o Prepare the Sale and Purchase Agreement

o Prepare the Memorandum of Transfer (Form 14A, NLC)

o Form CKHT 1A

o Exemptions from Real Property Gains Tax

o Exemptions under Section 8 Real Property Gains Tax Act 1976

o Prepare the Bill

o Consent from the State Authority

o Documents for Vendor to Sign

o Purchaser to Sign Documents

o Real Property Gain Tax: Retention by Purchaser of 2% of Purchase Price

o Filing of Form CKHT 1A

o Seeking Exemption from Real Property Gains Tax

o Application to State Authority for Consent to Transfer

o Write in for the Vendor's Redemption Statement

o Vendor's Undertaking

o Confirmation that the Difference between the Purchase Price and the Loan Sum is Paid

o Forward Redemption Statement to the Solicitor Acting for Purchaser's Financier

o Discharge of Charge (Form 16N, NLC)

o Forwarding Redemption Sum to Vendor's Financier

o Stamping of Discharge of Charge

o Documents to Forward to Solicitors for the Purchaser's Lender

o Completion Date

o Delivery of Vacant Possession

CONVEYANCING CHECKLIST 5 Acting for the Vendor Selling Property Before Title is Issued

Sale of Property Without Title

Consent from State Authority

Instruction by Vendor

Prepare the Deed of Assignment

Preparing CKHT Forms

The Bill

Vendor and Purchaser to Sign Documents

Date of the Sale and Purchase Agreement

Giving Notice to the Developer and Requesting for Undertaking to Obtain State Consent

Filing Form CKHT 1A

Filing CKHT 3 for Exemptions from Real Property Gains Tax

When State Consent or Developer's Undertaking to Obtain State Consent Received

Vendor's Redemption Statement

Obtaining the Redemption Statement

Vendor's Undertaking

Confirmation of the Difference Between the Purchase Price and the Loan Sum Having Been Paid

Deed of Receipt and Reassignment

Forward Redemption Sum to Vendor's Financier

Dating and Stamping the Deed of Receipt and Reassignment

Original Documents Received from Vendor's Financier

Revoking the Power of Attorney

Completion Date

Keys to the Property

Parties to Keep Copy of Deed of Receipt and Reassignment



CONVEYANCING CHECKLIST 6 Transfer of Property Without Pecuniary Consideration

Love and Affection As Consideration

Preparing the Memorandum of Transfer (Form 14A, NLC)

Stamp Duty

Preparing CKHT Forms

Preparing the Bill

Executing the Documents

Filing CKHT

Adjudicating MOT

Notice of Stamp Duty Payable

Stamping of MOT

Registering the Transfer

Collect Title from Land Office





CONVEYANCING CHECKLIST 7 Introduction to Loan Documentation

Term Loan

Security

Loan Documents

The Charge Document

First and Third Party Charges

Third Party Assignment

First, Second and Subsequent Charges

Loan Agreement, Deed of Assignment and Power of Attorney

The Loan Agreement cum Assignment

Stamping the Loan Documents

Loan Documentation where Borrower Purchases Property Directly from Developer

The Caveat

Loan Agreement cum Assignment for Property with Land Pending Issue Document of Title

The Developer as Vendor

Confirming that Difference Between the Purchase Price and the Loan Sum Paid

Letter of Undertaking

The Bridging Financier

Redemption Statement cum Letter of Disclaimer from Bridging Financier

The End-Financier

Letter of Instructions

Refinancing





CONVEYANCING CHECKLIST 8 Housing Loan for Buying Property with Title from a Non-Developer

Property with Title

Vendor's Property Still Encumbered

Loan Documentation Procedure

Land Search

Restrictions in Interests

Redemption Statement

Undertaking from Purchaser's Solicitor

Bankruptcy Search

Form 16A

Annexure to Charge

Private Caveat

Preparing the Bill

Explaining Terms of the Loan to Borrower

Lender to Sign Documents

Register Private Caveat

Checklist for Drawdown of Redemption Sum

Drawdown of the Redemption Sum

Payment of the Redemption Sum

Stamping of Loan Documents

Endorsement of Original Charge Document

Checklist on Presenting Charge for Registration

Registration of Transfer and Charge

Advising Drawdown of Balance of Loan

Certificate of Registration of Charge (Form 40 Companies Regulations 1966)

Collecting Documents from the Land Office



CONVEYANCING CHECKLIST 9 Housing Loan to Buy Parcel Under a Subsale

Loan Documentation where Property Has No Title Issued Yet

Dates of Documents

Procedure for Loan Documentation

Land Search

Consent to Charge

Letter to Vendor's Solicitor

Notice To and Confirmation from Developer

Letter of Disclaimer from Master Title Chargee

Undertaking from Purchaser's Solicitor

Bankruptcy Search

Bill

Prepare the Loan Agreements

Prepare the Deed of Assignment

Prepare the Power of Attorney

Caveat

Borrower to Sign the Loan Documents

Lender to Sign Documents

Statutory Declaration to be Signed and Attested by Commissioner for Oaths

Lodging of Private Caveat

Checklist for Drawdown of the Redemption Sum

Drawdown of the Redemption Sum

Stamping of Loan Agreement

Forwarding Redemption Sum

Deed of Receipt and Reassignment

Stamping the Loan Documents

Registering the Power of Attorney

Advising Drawdown of Balance of the Loan

Forwarding Cheque for Balance of the Facility

Documents for Each Party



CONVEYANCING CHECKLIST 10 - Teoubleshooting

When the Original Issue Document of Title Gets Lost

How to Apply for Duplicate Issue Document of Title

o Make a Police Report on the Loss of the Issue Document of Title o Land Office Application Form

o Notice in the Gazette

o Possessing a Copy of the Gazette

o Delivering Gazette to the Land Office

o Collecting the Title

o Loss of Original Copies of Sale and Purchase Agreement

o Where Wrong Titles Have Been Registered

o Exchanging Property

o Buying Empty Land Without an Address or Proper Site Markings

o Where Borrower Does Not Bother to Sign Discharge Document

o Where Dealings in Property are Done with a Power of Attorney

o Registering the Power of Attorney with the Land Office

o Problems Discovered Long After File is Closed

o Title Not Yet Registered

o Importance of Keeping Records



CONVEYANCING CHECKLIST 11 Housing Loan for Property Bought at an Auction

Auction

Property with Registry Title

Property with Land Office Title

Non-Judicial Auction

Proclamation of Sale

The Successful Bidder

Loan to Successful Bidder

Where Property Bought at Auction Has Title Issued

Removing Caveat and Sitting Tenants

Deadline for Paying Balance of Purchase Price

Land Search

Remove Caveats

Restrictions in Interests

CKHT

Letter to the Vendor

Facility Agreement, Charge and Other Documents

Filing CKHT 3 and CKHT 2A

Private Caveat

Bill for Attending to Loan for Buying Property at Auction

Borrower to Sign Documents

Lender to Sign Documents

Register Caveat

Checklist for Drawdown of Loan

Advising Drawdown

Certificate of Sale (Form 16F, NLC) for Registry Title

Forwarding Cheque to Vendor (Auctioning Bank)

Certificate of Sale

Adjudicate and Stamp Form 16F or Form 161

Stamp Loan Agreement, Charge Documents

Register Transfer and Charge

Collect Title

Non-Judicial Auction

Loans for Successful Bidders for Property Without Title

Vendor's Undertaking and Real Property Gains Tax

Check Deadline for Completion of Sale

Remove Caveats

Restrictions in Interests

Notice to Developer

Preparing the Loan Documents and the Deed of Assignment

Caveat

Borrower to Sign Documents

Lender to Sign Documents

Stamp only the Facility Agreement

Caveat

Checklist for Drawdown of Loan

Drawdown

Cheque for Loan Sum

Adjudication of Deed of Assignment Between Vendor and Successful Bidder

Stamping of Documents

Power of Attorney

CKHT 3 and CKHT 2A

Collecting Documents



CONVEYANCING CHECKLIST 12 Islamic Financing: Bai' BithamanAjil Facility for Buying Property with Title

Islamic Financing

Bai' BithamanAjil ('BBA')

Relationship of Customer and Banker

Buy and Sell

Understanding Terminology and Concepts in a BBA Facility

Real Property Gains Tax Act 1976

BBA Documents

Stamp Duty Exemption

Letter of Instructions

Developer's Letter of Undertaking

Conduct Land Search

Title Encumbered by Charge

Restrictions in Interests: Consent to Transfer and Charge

Subsale: Redemption Statement from Vendor's Financier

Letter of Undertaking from Purchaser's Solicitor

Bankruptcy Search

Preparing Documents

Subsale: Prepare Private Caveat

Bill

Statutory Declaration

Customer to Sign Documents

Islamic Financier to Sign Documents

Subsale Documents for Signing by Financier

Subsale: Lodge Private Caveat

Subsale: Drawdown of Redemption Sum

Subsale: Forward Redemption Sum to Vendor's Solicitor

Subsale: Possession of Title and Discharge of Charge

Stamping Documents

Registering Documents at the Land Office

Drawdown of Loan

Checklist for Drawdown: Where Property is Bought from Developer

Subsale: Drawdown on Balance of Loan

Collect Title from the Land Office





CONVEYANCING CHECKLIST 13 Bai' BithamanAjil Financing for Purchasing property Without Title

Property Without Title

Facility Documents where Property Has No Title Yet Issued

Procedure for Preparing BBA Documents for Property where Title is Not Yet Issued

Letter of Instructions

Land Search

Restrictions in Interest

Developer's Undertaking

Parcel Bought under Subsale

Subsale: Vendor's Undertaking

Redemption Statement and Disclaimer Letter of Bridging Financier

Subsale: Redemption Statement from Vendor's Lender

Undertaking from Purchaser's Solicitor

Bankruptcy Search

Statutory Declaration

Bill

BBA Documents

Private Caveat

Financier to Sign Documents and Private Caveat

Register Private Caveat against Master Title

Stamping Documents where Property is Bought from Developer

Power of Attorney

Drawdown of Loan to Developer: Redemption Sum to Bridging Financier (if any)

Private Caveat against Parcel Bought under a Subsale

Subsale: Drawdown of Redemption Sum

Subsale: Forward Redemption Sum to Vendor's Solicitor

Subsale: Date of Deed of Assignment

Subsale: Power of Attorney

Subsale: Drawdown on Balance of the Facility

Subsale: Collect Power of Attorney

Subsale: Collect Deed of Assignment (by way of transfer)



CONVEYANCING CHECKLIST 14 Islamic Financing: MusharakahMutanaqisah (Diminishing Musharakah)

MusharakahMutanaqisah ('MM') Concept

Contractual Components of the MM Financing Documents

Musharakah Agreement

Ijarah (Lease) Contract

Undertaking to Purchase

Provision for Early Completion of Tenure

Letter of Offer

Declaration of Trust

Service Agency Contract

Partners in the MM Arrangement Not to Constitute a Partnership

Stamping the MM Agreement

MM Documentation Procedure

Index to Sample Precedents

Topic 1 Introduction to Conveyancing

i) Chart of Sale and Purchase Agreement

ii) Chart of Loan Documents

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