Confirmn for Execution of Documents

[on letterhead of solicitors]

TO : OCBC AL-AMIN BANK BERHAD

Customer(s) : / OCBC Al-Amin’s Ref :
Facilities : / Our Ref :
Property (ies):

CONFIRMATION FOR EXECUTION OF DOCUMENTS

Item. /

DOCUMENTS ENCLOSED (To be enclosed where relevant)

/ *Select / BANK’S COMMENTS
1.1 / Where Customer(s) / Security Parties are individuals - copy of NRIC/ passport (if non-citizen):-
* Customer(s)
* Chargor(s)/Assignor(s)
* Guarantor(s) / Depositor(s)
* Others :
1.2 / Where Customer / Security Parties are
(a) companies/societies – * CTC of certificate of incorporation, M&A/constitution, shareholders/ board resolution(s), Forms 24 and 49 [1] :-
(b) partnership – CTC of business registration certificate :-
* Customer(s)
* Chargor(s)/Assignor(s)
* Guarantor(s) / Depositor (s)
* Others :
2. / Sale & Purchase Agreement (whole SPA for the Property and the accessory parcel)
* Principal S&P Agt dated
(required where no individual title)
* Current S&P Agt dated
3. / Land Search conducted (after receiving instructions) dated
* Master Title
* Individual Title (* incl. Block Title if Strata Title)
4. / Copy of Individual Title (* incl. Block Title if Strata Title)
5. / Other documents (if any) :-
* Power of Attorney from Purchaser/Customer to its Attorney (CTC)
* Power of Attorney from Vendor to its Attorney (CTC) (not applicable to developers)
B. /

DOCUMENTS FOR EXECUTION

6. / (a) Facilities Agreement ( copies)
(b) Deed of Hibah (1) ( copies each)
(c) Deed of Hibah (2) ( copies each)
(d) Asset Purchase Agreement ( copies each)
(e) Asset Sale Agreement ( copies each)
(f) Wa‘d ( copies each)
(g) Musharakah Mutanaqisah Agreement ( copies each)
(h) Ijarah Agreement ( copies each)
(i) Post Sale and Purchase Agreement ( copies each)
(j) Novation Agreement ( copies)
(k) Others:
(i) please specify ( copies)
(ii) please specify ( copies)
(iii) please specify ( copies)
7. / Land Charge :-
(a) West M’sia - Form 16A NLC
( copies)
(b) East M’sia - Memorandum of Charge
( copies)
(c) Charge Annexure ( copies)
8. / * Deed of Assignment / Supplemental Deed of Assignment (For Property)
( copies)
9. / Power of Attorney (for Property)
( copies)
10. / Letter of Guarantee ( copies)
11. / Cash Deposit Agreement ( copies)
12. / Assignment of Cash Deposit ( copies)
13. / Assignment of Proceeds ( copies)
14. / Charge over Securities ( copies)
15. / Entry of Private Caveat ( copies)
16. / Withdrawal of Private Caveat
( copies)
17. / Entry of Lienholder’s Caveat ( copies)
18. / Withdrawal of Lienholder’s Caveat
( copies)
19. / Other documents ( List and state copies enclosed)
(a)
(b)
(c)
Documents Required from Bank
17. / The Bank’s undertaking in favour of the * Developer/Vendor – we have reviewed the format requested by the * Developer / Vendor and * other than the amendments we have indicated in the format, it is in order for the Bank to issue the same.
18. / Documentation Administration Fee
Cheque No. : Dated :
Bank :
Amount : RM
C. / Solicitors’ Confirmation : / Documents Returned To Solicitors :
1. We confirm that :-
(a) While the list of documents above does not reflect the sequence of signing of the Islamic transactional, financing and security documents, the execution of the Islamic transactional, financing and security documents was in accordance with Shariah requirements;
(b) Where there is/are underlying transaction(s), the transaction(s) is/are valid and enforceable and the underlying transaction(s) and Islamic transactional, financing and security arrangement are not in breach of any laws and Shariah requirements;
(c) the particulars of the parties, securities and terms of the Facilities are correct and incorporated into the Islamic transactional, financing and security documents and the Bank’s interests are protected;
(d) based on the information furnished to us and that obtained by us from public records and searches conducted, the Bank’s security arrangements are in order and free from any legal impediments; and
(e) we have adequately advised the Customer and security parties about the nature, terms and effect of the facilities, the Islamic transactional, financing and security documents. / (1) * Executed / Unexecuted – subject to the Comments above.
(2) Unexecuted documents are to be returned to the Bank within 3 days with your confirmation that the proposed amendments are acceptable, have been attended to & that the documents are in order for execution.
(3) Please ensure that the amendments are initialled by the Customer/security parties (where applicable).
2. Documents
We * have / will ascertain that the original title / Principal SPA, the assignments and reassignments in respect of the property(ies) are with the * existing financier / vendor. If any of these documents are missing, we will advise you of any alternative documentation and/or approach available to the Bank.
Signature of Firm:
Name of Firm : / Documents executed by Bank’s Attorney :
Attending Solicitor :
Date : / Officer-in-charge :
Contact No(s). :
Date :

* Please select (tick) or denote “N/A” if not applicable.

[1] For foreign company, enclose the relevant forms/documents.