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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