Please Tick Accordingly: Compulsory

Please Tick Accordingly: Compulsory

SOLICITOR CHECKLIST FOR ADVICE TO RELEASE

Bank's Reference Number -

PLEASE TICK ACCORDINGLY: COMPULSORY

Finance Purchase from Developer Sub-Sale / Refinancing / Auction Others:

1st Release - Redemption Sum Payable to -

1st Release -

Final Release / Balance Sum - RM

Legal Fees Enclosed (To be submitted in Solicitor's Letter Head duly signed and addressed to the Bank with Borrower's Name, Property Details)

Developer's HDA Account Number -

Expiry Date for S&P/Redemption/Auction is

Facility Type & Amount
Borrower(s) Name
Purchaser(s) Name
Vendor(s) /Developer(s) Name
Chargor(s) Name
Existing Financier Name
Property Details & Description

We refer to the above and confirm the following –

Section 1 / Security Documents:Enclosed herewith security documents for your safe keeping.
Sno / Security Documents / Duly / Dated / Undertake To Forward / Enclosed
Stamped / Presented or Registered
Nominal / Ad-valorem / Original / Duplicate
1 / Letter of Offer (LO) / NA / NA / NA / NA
2 / First Amended LO / NA / NA / NA / NA
1. Second Amended LO / NA / NA / NA / NA
2.Third Amended LO / NA / NA / NA / NA
Remarks : / NA / NA / NA / NA
3 / Letter of Notification / NA / NA / NA / NA / NA
1. Second Amendment / NA / NA / NA / NA / NA
2.Third Amendment / NA / NA / NA / NA / NA
Remarks : / NA / NA / NA / NA / NA
4 / Facilities Agreement (FA) / NA / NA / NA
5 / Supplementary FA / NA / NA / NA
6 / Property Purchase Agreement (exempted) / NA / NA / NA
7 / Property Sales Agreement / NA / NA / NA
8 / Letter of Gift / Hibah 1 & 2 / NA / NA / NA
9 / Charge / NA / NA
10 / Charge in Escrow (For Sabahand Sarawak) / NA / NA / NA / NA
11 / Deed of Assignment (DOA)
(By Way of Security) / NA / NA / NA
12 / Power of Attorney (to be registered in Magistrate court with the exception of refinancing cases. Applicable for Sabah only.) / NA / NA
13 / Original of Sales & PurchaseAgreement (SPA) – ForAssignment Case / NA / NA / NA / NA
14 / Full Set of SPA - For ChargeCase / NA / NA / NA / NA
15 / Supplementary SPA (ifApplicable) - For AssignmentCase / NA / NA / NA / NA
16 / Supplementary SPA (ifApplicable) - For Charge Case / NA / NA / NA
17 / Deed of Mutual Convenants / NA / NA / NA
18 / Original of Proclamation of Sale / NA / NA / NA / NA
19 / Memorandum of Contract – ForAssignment Case / NA / NA / NA / NA
20 / Full Set of Proclamation of Sale /Memorandum of Contract – For charge case / NA / NA / NA
21 / Previous Original SPA Together With All Related Documents / NA / NA / NA
22 / Deed of Assignment (DOA)
(By Way of Transfer) / NA / NA / NA
23 / Previous Original DOA
(By Way of Transfer) / NA / NA
24 / Deed of Receipt andReassignment / NA / NA
25 / Previous Original Deed of Receipt & Reassignment / NA / NA / NA / NA
26 / Construction Agreement / NA / NA / NA / NA
27 / Letter of Guarantee / Joint & Several Guarantee / NA / NA / NA / NA
28 / Letter of Authorization - D012
(Fixed Deposit) / NA / NA / NA / NA
29 / Memorandum of Deposit - 013 / NA / NA / NA / NA
30 / Ijarah Agreement / NA / NA / NA / NA
31 / Maintenance Agreement (Ijarah) / NA / NA / NA / NA
32 / Purchasing Undertaking (Ijarah) / NA / NA / NA / NA
33 / Letter of Consent - Applicable for all Islamic Facility (3rd PartyCases) / NA / NA / NA / NA
Other Documents
34 / Land Search on Individual Title / Master Title / NA / NA / NA / NA / NA
35 / Lodgment of Private Caveat / Lien Holder's Caveat / NA / NA / NA
36 / Withdrawal of Private Caveat / Lien Holder's Caveat / NA / NA / NA / NA
37 / Statutory Declaration for Own Occupation / Business / Legal Action / Total number of existing facility secured against residential property is not more than two(2) / NA / NA / NA / NA / NA
38 / Quit Rent Receipt / Certified True Copy Quit Rent Booklet (especially for property with individual title. Applicable for Sabah and Sarawak only) / NA / NA / NA / NA / NA
39 / Assessment Receipt / NA / NA / NA / NA / NA
40 / (Borrower) Board Resolution Authorizing to accept facilities / NA / NA / NA / NA / NA
41 / (Borrower) Certified True Copy (CTC) of Memorandum of Articles
& Association, Form 13 (if
Applicable), Form 24 and 49 / NA / NA / NA / NA / NA
42 / Form 34 / NA / NA / NA / NA
43 / Form 40 / NA / NA / NA / NA
44 / Solicitor's confirmation on property to be secured does not contravene Section 133 of Companies Act / NA / NA / NA / NA / NA
45 / Solicitor's confirmation purchaser is a private exempt company & directors & shareholders are the same / NA / NA / NA / NA / NA
46 / Company resolution to exclude property from any future debentures / NA / NA / NA / NA / NA
47 / Written confirmation from purchaser property is not included in any debentures issued / NA / NA / NA / NA / NA
48 / Purchaser's undertaking to obtain Bank's written consent in the event directors & shareholders have been changed / NA / NA / NA / NA / NA / NA
49 / Letter from Borrower (In Compliance with the special conditions mentioned in LO or requested by the Bank). For example:
  • Consent to release by way of caveat
  • Satisfaction on work done by contractor
  • Authorize to release to 3rd party
  • Release loan without MRTA Coverage
/ NA / NA / NA / NA / NA / NA
50 / Vendor/Borrower/Other security parties I/C / NA / NA / NA / NA / NA / NA
51 / Billing and Architect Certificates / NA / NA / NA / NA / NA / NA
Note - If the original documents are not readily available then Certified True Copy (CTC) must be produced together with Statutory Declaration
(if applicable)

Solicitor’s Remarks (for those presented items) -

No / Security Documents / Receipt enclosed / Presentation No. / Presented on Date
1 / Withdrawal of Private Caveat / Lien's Holder Caveat / Yes No
2 / Lodgement of Private Caveat / Lien's Holder Caveat / Yes No
3 / Discharge of Charge / Yes No
4 / Memorandum of Transfer / Yes No
5 / Charge - Pending Extraction from Land Office / Yes No
6 / Receipt & Reassignment / Yes No
7 / Power of Attorney / Yes No
8 / Form 34
Lodged with Companies Commissions Malaysia (CCM) / Suruhjaya Syarikat Malaysia (SSM) / Yes No
9 / Others / Yes No
Section 2 / Land Search:

2.1. Enclosed a copy of Title / Master Title search

2.2.Status: Leasehold Freehold

2.3. Registered Owner Name: Chargee Name:

2.4.Land Use: Land Conditions:

2.5.Land Free From Encumbrances: Yes No

2.6.Restriction in Interest: Yes No

If Yes, then please specify – / If No, then please specify -
Blanket approval to Transfer & Change from State Authority obtained / No restriction in interest endorsed on the Master Title against the Transfer & Change by the relevant authority and Consent is not Required
Consent to Transfer & Charge from State Authority obtained
Developer's Undertaking to obtain Consent obtained
Other Remarks (Solicitor to highlight the necessary):

2.7.Caveat entered by 3rd Party: Yes No

Type of Caveat: Private Caveat Registrar Caveat Lien-Holder's Caveat

The caveat entered by: (Please specify the name of caveator):

Other Remarks (Solicitor to highlight the necessary):

2.8.Any Conversion of Land Use: Yes No

Enclosed is the approval Issued by the Pejabat Tanah Daerah to the developer. The date of conversion is on Below are the details on changes.
Remarks (Solicitor to highlight the necessary): / Not required - To be deleted

2.9.Certified True Copy applications for Variation of Title Condition (AVTC) for housing projects developed on Agricultural land

(Applicable for Sarawak only): Yes No

2.10.Solicitor's confirmation that Section 47/48 on the land does not jeopardize Bank's interest

(Applicable for Sarawak only): Yes No

Section 3 / Bankruptcy Search / Winding-Up Search:
Bankruptcy search has been made to all related parties at Official Assignee's Office, a copy of report enclosed, disclosing that the Borrower(s) / Purchaser(s) / Guarantor(s) is/are not bankrupt
Search done on the following person/s named: / Tick Box / Result of the Search
1 / Borrower(s) Name and Identification Details
a.
b.
c.
Remarks :
2 / Vendor (Individual / Company / Proprietor/Developer(s) Name)
a.
b.
c.
Remarks :
3 / Chargor(s) or Assignor(s)
a.
b.
c.
Remarks :
4 / Guarantor(s) and other security parties
a.
b.
c.
Remarks :
Section 4 / Letter of Undertaking from Developer / Registered Proprietor / Contractor: All letters must be addressed to CIMB BankBerhad or CIMB Islamic Bank Berhad wherever applicable.
Enclosed Original Letter of Undertaking from Developer / Proprietor dated.
Enclosed Original Letter of Undertaking from Proprietor dated .(if applicable) dated to )
(if involved between proprietor & developer dated assign full rights to the developer)
Developer / Contractor / They undertake to -
Refund all monies released in the event the construction of the said property is not completed or abandoned for any reasons whatsoever or upon completion, the certificate of fitness is not issued & non registration of transfer
Developer / Proprietor / They undertake to -
Refund all monies released in the event the said memorandum of Transferand charge in CIMB Bank/CIMB Islamic favor cannot be registered
Deliver the separate title / strata title to said property upon issuance of individual tile together with a valid and register able Memorandum of Transfer in favor of the Borrower(s) / Purchaser (s) free from encumbrances
To obtain relevant consent to transfer and charge (if applicable)
Not to further encumber the said property without prior written consent from the bank
Other Remarks (Solicitor to highlight the necessary)
Full purchase price has been paid ( for sub-sale cases under Loan Agreement cum Assignment (LACA))
Differential sum between the Full purchase price of the property and loan sum has been settled and copy of confirmation from developer/vendor’s solicitor/Spa solicitor is enclosed
Section 5 / Letter of Redemption Cum Undertaking From the Existing Chargee / Assignee: All letters must be addressed to CIMB Bank Berhad or CIMB Islamic Bank Berhad wherever applicable.
Enclosed Original Letter of Redemption Cum Undertaking datedfrom the existing chargee / asignee which expires on
They Undertake to -
To refund the redemption sum in the event the discharge of charge or Receipt and Reassignment cannot be registered / perfected
To forward the Discharge of Charge, Duplicate of Charge and Title or Receipt & Reassignment, Original Principal SPA etc upon receipt of the redemption sum
We Confirm -
The difference between the redemption sum & the facility has been settled / deposited. Enclosed a confirmation letter dated
Other Remarks (Solicitor to highlight the necessary)
Section 6 / Letter of Disclaimer cum Redemption from the Bridging Financier: All letters must be addressed to CIMB Bank Berhad or CIMB Islamic Bank Berhad wherever applicable.
Partial Release / Full Redemption / Enclosed Original Letter of Disclaimer from (Financier Name) dated
The Chargee Bank Undertake to -
To disclaim all rights, interest and title to the said property and to exclude the said property in the event of foreclosure
To forward the Discharge of Charge, Duplicate Charge and Title upon issuance thereof
To refund the redemption sum received in full / partial in the event of non registration of the discharge of charge
We Confirm -
The difference between the redemption sum / stakeholder's portion and the facility has been settled. Enclosed a confirmation letter added dated (SOLICITOR ONLY TO ADVICE UPON SETTLEMENT. DON'T ADVISE IF INCOMPLETE)
Other Remarks (Solicitor to highlight the necessary):
Section 7 / Letter of Undertaking from the Vendor: All letters must be addressed to CIMB Bank Berhad or CIMB Islamic Bank Berhad wherever applicable.
Enclosed Letter of Undertaking from Vendor (witnessed by the attending solicitor where the vendor is an individual & where the vendor is a company is to be witnessed by the authorized signatories datedto refund all monies paid by to him in the event the Memorandum of Transfer / Deed Of Assignment (DOA) infavourof Borrower(s) / Purchaser(s) cannot be registered / perfected.
Enclosed confirmation in writing dated on Extension of Completion Date from SPA solicitor / vendor / Vendor’s Solicitors
Other Remarks (Solicitor to highlight the necessary):
Section 8 / Letter of Undertaking from the SPA Solicitor (where the Title is not available): All letters must be addressed to CIMB Bank Berhad or CIMB Islamic Bank Berhad wherever applicable.
Enclosed Letter of Undertaking from SPA solicitor datedto deliver an executed Memorandum of Transfer pertaining to the aforesaid Property upon issuance of and the delivery of the same by developer to us the separate strata or individual title
To forward Deed Of Assignment (DOA) between the Vendor and Purchaser (by way of transfer) submitted for adjudication / duly adjudicated and stamped, enclosed
To forward Deed of Receipt and Reassignment between vendor and existing chargee duly stamped and revoked
To forward Memorandum Of Transfer (MOT), duly adjudicated & stamped
Other Remarks (Solicitor to highlight if necessary)
Section 9 / Letter of Undertaking from the Loan Solicitor: All letters must be addressed to CIMB Bank Berhad or CIMB Islamic Bank Berhad wherever applicable.
To forward the duly duplicate registered charge together with Annexure and the original Title Deed upon registration
To refund to the loan sum released in full and make good to you in full all such loss and damage in the event that the Charge is not registered for reasons attributable to our acts of negligence, error, mistake or omissions on our part resulting in loss or damage arising there form Sustaining or suffering any
To forward Notice of Assignment in respect of the Deed Of Assignment (DOA) (by way of Security) within 14 days after stamping
Other Remarks (Solicitor to highlight the necessary)
Section 10 / HDA - Section 22(D) – Notice of Assignment to the Developer (for property under HDA)
For 1st Disbursement
Direct Sale – Obtain from solicitors the Notice of Assignment in respect of the Assignment (by way of Security) duly served and acknowledged by the Developer within 14 days after stamping
  • Sub Sale – to obtain undertaking from the Vendor / Vendor’s Solicitors / SPA solicitors to serve Notice of Assignment in respect of Deed Of Receipt & Reassignment (DRR) within 14 days after stamping
  • Obtain letter of undertaking from Purchaser’s solicitors to serve Notice of Assignment in respect of the Deed Of Assignment (DOA)(by way of transfer) within 14 days after stamping (notice must indicate enclosure of a copy of the duly stamped SPA)

Acknowledgement by Developer
For 2nd Disbursement (Final Release / Balance Sum)
For Sub-sale / Transfer - Receipt from the Vendor / Vendor’s Solicitors a Notice of Assignment in respect of Deed Of Receipt & Reassignment (DRR) duly served and acknowledged by the developer.
Other Remarks (Solicitor to highlight the necessary)
Section 11 / Advice to Release

We hereby certify that the documents have been duly executed by the Borrower/s and the documents prepared by us have complied with all Banks’ requirement and that the interest of the Bank is fully protected.

We as the solicitors responsible for the preparation of the said legal documentation shall be liable to you, should you as the financier suffer any loss or damage by reason of the security documents being incomplete or not being registered/perfected or by reasons attributable to our, our employees’ and/or agents’ acts of negligence, error, mistake, omission and/or fraud, and / or by reason of the aforesaid legal documentation not being in order or is incomplete.

Based on the above we are of the opinion that it is in order and that you may allow the disbursement of the Facility/release the redemption sum in manner as follow –

Disburse full loan amount to(Beneficiary name, payee's bank and branch and account no.)
Release the redemption sum of RMin favour of Chargee namely which, Account No. is
Subject to fulfillment of the pre-disbursement conditions of the Bank, it is now in order for your Bank to release the loan sum of RMdue on . Progress payment in favour of the developer, through HDA Account No (if applicable) (Beneficiary name, payee's bank and branch and account no), according to the Architect of Certificate & Billing. Final disbursement, to release 5% being stakeholder portion namely (Beneficiary name, payee's bank and branch and account no.
Release the balance of the loan sum of RM in favour of the Vendor or appointed stakeholder namely (Beneficiary name, payee's bank and branch and account no) pursuant to Section of Sale & Purchase Agreement (SPA) / Construction Agreement dated
Release the legal fees sum RMin favour of the Solicitor/Valuer namely(Beneficiary name, payee' bank and branch and account no)pursuant to Authorization Letter byBorrower/Vendor datedalso release the balance of the loan sum of RMin favour of Borrower/Vendor namelyby crediting Borrowers/Vendors account / issue BCQ / contra to account no

Thank you

Kindly acknowledge receipt by signing and returning the duplicate copy of this letter.

Yours faithfully, for and on behalf of

Solicitor’s Name -
Advocate & Solicitor
Bar Council No. -

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