BANKING AND FINANCE


The department is headed by our Managing Partner Muhd Anuwar Bin Mustafa.

In the increasingly innovative and complex market-driven financial world where business efficacies are constantly balanced against business risks.

We provide:-

  • Sound up-to-date legal advice founded on experience and know-how
  • Drafting expertise
  • A commercial and practical approach
  • Meticulous checks and care vide a check list and turn around time line in the preparation of documentation

We are equipped:-

  • Security a commercial understanding of a broad spectrum of financial transactions and
  • To deal with the businesses, problems and requirements of our clients and the markets in which they operate.

We ensure:-

  • Security documentation and the financing process complies with legal principles the client’s requirements, the statutes such as the Companies Act and other factors which affect the standing of the facility.

For example:-

  1. A non-Malaysian corporate guarantor will require checks for compliance with the laws of their residence.
  2. The correct completion of the Registry of Companies’ forms such as for partial discharge of facilities as distinguished from full discharge and other undertakings.
  • That the financier’s interest is safeguarded at all times
  • Status reporting is prompt and in accordance with the client’s requirements be it by email, fax or post

We value add by:-

  • Supporting our finance clients with good leads and business opportunities for their range of products.
  • Advising the financier as to the legal feasibility and adequacy of the proposed method of taking security
  • Scrutinizing the proposed security and security documentation requested by the financier from the customer and highlighting any detrimental issues.
  • Updating our client with developments and/or changes in law, practice and procedure affecting the banking facility, the security or our client as the financier.

For example:-

  1. Directives of a particular land registry which could affect the timing of a facility draw down
  2. The non-transfer of ownership of a security property in favour of the customer thereby delaying the charge of the property.

 We have drafted and prepared documentation for various financial products and securities:-

  • Housing and commercial loans (land, land and building factory, shop house, shop office, commercial unit)
  • Term loan, Overdraft, Term loan and overdraft or trade lines
  • Trade financing facilities
  • Share financing
  • Bridging finance
  • Debentures
  • Hire purchase
  • Leasing
  • Guarantees
  • Letters of Undertaking/comfort
  • Pledges
  • Assignments of rental and others

ISLAMIC BANKING


With the advent of Islamic Banking and the various offering of products and services, we have set up a special department focusing on this.

We have the infrastructure to support our client:-

  • Our lawyers are educated and continually trained in the Islamic, economic and banking system.
  • We study, apply and apply a checklist to ensure conditions in the documents comply with the principles of Islamic, banking recognized in Malaysia so that the transactions are valid.

For example:

  • The timing and sequence of the “akad” particularly the sequence for the execution of the agreement which must be in order.
  • The stamping of the documents in a Bai-Bithaman Ajil facility is based on the facility amount as stated in the Property Purchase Agreement and not in the Property Sale Agreement.
  • The validity of a Sale (“Bai”) and
  • The contract or transaction (“Akad”)
  • The goods/assets involved must be “halal” and the contract must be free from riba