[on letterhead of solicitors]

Please tick – Compulsory

Finance Purchase direct from Developer
Sub-Sale
Refinancing
Auction Sale
SPA / Auction Expiry Date :
______
Completion Date:
Extended Completion Date:

TO: *OCBC BANK (MALAYSIA) BERHAD

*OCBC AL-AMIN BANK BERHAD

Customer(s) : / OCBC’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 SPA dated
(required where no individual title)
* Current SPA 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/Customerto 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)Transactional Documents – for Islamic facilities only
(i)Islamic Facilities based on DiminishingMusharakah (DM) principles:
-Musharakah Mutanaqisah Agreement -Ijarah Agreement
(ii)Islamic Facilities based on IMBT principles:
- Asset Purchase Agreement
- Ijarah Agreement
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 Proceeds ( copies)
13. / Charge over Securities ( copies)
14. / Entry of Private Caveat ( copies)
15. / Withdrawal of Private Caveat
( copies)
16. / 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:
For conventional facilities
1. We confirm that:-
(a)Where there is/are underlying transaction(s), the transaction(s) is/are valid and enforceable and the underlying transaction(s) and financingand security arrangement are not in breach of any laws;
(b)the particulars of the parties, securities and terms of the Facilities are correct and incorporated into the financingand security documents and the Bank’s interests are protected;
(c)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
(d)we have advised the Customer and security parties about the nature, terms and effect of the facilities, the financing and security documents.
For Islamic facilities
1. We confirm that:-
(a)Where there is/are underlying transaction(s), the transaction(s) is/are valid and enforceable and the underlying transaction(s)and financing, Islamicand security arrangement are not in breach of any laws and Shariah principles;
(b)the particulars of the parties, securities and terms of the Facilities are correct and incorporated into the financing, Islamic and security documents and the Bank’s interests are protected;
(c)based on the information furnished to us and that obtained by us from public records and searches conducted, the Bank’s Islamic and security arrangements are in order and free from any legal impediments; and
(d)we have advised the Customerand security parties about the nature, terms and effect of the facilities, the financing, Islamicand 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 :

1

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

OCBC(M)/LRC/CED(CFS & CFS-i)/2-2012 / © OCBC Bank (Malaysia) Berhad 2005

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