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Pledge Of Shares Agreement Template for Malaysia

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Key Requirements PROMPT example:

Pledge Of Shares Agreement

"I need a Malaysian law Pledge of Shares Agreement where ABC Sdn Bhd is pledging 1 million ordinary shares in XYZ Technology Sdn Bhd to Maybank as security for a RM50 million corporate loan to be disbursed in March 2025."

Document background
The Pledge of Shares Agreement is a crucial security document in Malaysian corporate finance transactions, typically used when shares are provided as collateral for loans or other financial obligations. It is commonly utilized in acquisition financing, corporate restructuring, and general corporate borrowing where shares represent valuable security. The agreement must comply with Malaysian legal requirements, particularly the Companies Act 2016, Contracts Act 1950, and relevant securities regulations. The document establishes the pledge mechanism, details the rights and obligations of both pledgor and pledgee, and includes provisions for enforcement in case of default. It requires careful consideration of corporate approvals, regulatory requirements, and existing shareholders' agreements that might affect the pledge arrangement.
Suggested Sections

1. Parties: Identifies the pledgor (shareholder), pledgee (typically a lender or security agent), and the company whose shares are being pledged

2. Background: Explains the context of the pledge, typically referencing the underlying facility or loan agreement

3. Definitions and Interpretation: Defines key terms used in the agreement and sets out interpretation rules

4. Pledge and Security: Creates and defines the scope of the security interest over the pledged shares

5. Representations and Warranties: Pledgor's confirmations regarding ownership, authority, and status of the pledged shares

6. Covenants: Ongoing obligations of the pledgor regarding the pledged shares

7. Rights and Obligations: Details the rights of the pledgee and obligations of the pledgor

8. Enforcement: Circumstances and procedures for enforcing the pledge

9. Power of Attorney: Appointment of the pledgee as attorney for specific purposes related to the pledge

10. Further Assurance: Obligation to execute additional documents and take further actions if needed

11. Notices: Communication procedures between parties

12. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and jurisdiction for disputes

Optional Sections

1. Security Agent Provisions: Required when the pledge is held by a security agent on behalf of multiple beneficiaries

2. Dividends and Voting Rights: Optional section detailing how dividends are handled and whether voting rights are assigned pre-enforcement

3. Currency Provisions: Required when the underlying facility involves multiple currencies

4. Tax Provisions: Detailed tax provisions when specific tax considerations need to be addressed

5. Share Transfer Restrictions: Additional restrictions beyond standard transfer restrictions

6. Digital Share Certificates: Required when dealing with digital or scripless shares

Suggested Schedules

1. Details of Pledged Shares: Schedule listing the number, class, and certificate numbers of pledged shares

2. Form of Notice to Company: Template notice to be sent to the company regarding the pledge

3. Form of Acknowledgment: Template acknowledgment to be received from the company

4. Share Transfer Forms: Blank signed transfer forms to be held in escrow

5. Directors' Resignation Letters: Undated resignation letters from pledgor-appointed directors

6. Existing Encumbrances: List of any existing encumbrances on the pledged shares

7. Required Authorizations: List of regulatory or third-party approvals required

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses


























Relevant Industries

Banking

Financial Services

Investment Management

Private Equity

Corporate Finance

Real Estate

Manufacturing

Technology

Infrastructure

Energy

Telecommunications

Relevant Teams

Legal

Finance

Corporate Secretarial

Compliance

Risk Management

Investment

Corporate Finance

Banking

Relevant Roles

Corporate Lawyer

Legal Counsel

Finance Director

Chief Financial Officer

Investment Manager

Corporate Secretary

Compliance Officer

Security Trustee

Transaction Manager

Banking Executive

Legal Manager

Investment Director

Risk Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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