Case For:: Ambank (M) Berhad /ambank Islamic Berhad
Case For:: Ambank (M) Berhad /ambank Islamic Berhad
Case For:: Ambank (M) Berhad /ambank Islamic Berhad
Your Ref :
Our Ref :
Date :
CASE FOR :
1st Party 3rd Party
Direct Purchase Sub Sale, Completion Date:
Dear Sirs,
ADVISE TO RELEASE
Purchaser(s) :
Customer(s) :
Vendor(s) :
Chargor :
Property :
Facility :
__________________________________________________________________________________________
We refer to your letter of instruction dated ____ and the AmBank/AmBank Islamic Documentation Guide for Consumer Financing. We are
pleased to confirm the following :-
1. Security Documents – Enclosed the relevant security documents for your safe keeping:-
Enclosed Duly
Undertake
No Security Documents Date Presented/ N/A
Original Duplicate To Forward Stamped
Registered
1 Letter of Offer
2 Supplemental Letter of Offer
3 Letter of Guarantee
4 Sale & Purchase Agreement (‘SPA’)
5 Power of Attorney
6 Facility Agreement (‘FA’)
7 Charge
8 Private Caveat on the Master/Individual/Strata
Title
9 Deed of Assignment (by way of Transfer)
10 Deed of Assignment (by way of Security)
11 Deed of Assignment of Rental Proceeds
12 Deed of Receipt & Reassignment
13 Discharge of Charge
14 Deed of Mutual Covenants
15 Property Purchase Agreement (PPA)
16 Property Sale Agreement (PSA)
17 Letter of Hibah
18 Letter of Set-Off
19 Memorandum of Deposit
20 Fixed Deposit Receipt
21 Upgrading Works Agreement
22 Notice of Assignment
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Enclosed Duly
Date Undertake N/A
No Security Documents
Original Duplicate To Forward Stamped Presented /
Registered
23 Master Facility Agreement (MTQ)
24 Deed Of Assignment (MTQ)
25 Power of Attorney (MTQ)
26 Charge (MTQ)
Notice of Assignment of Rental Proceeds served
27 on and acknowledged receipt by tenant(s)
28 Board Resolution from Borrower
Board Resolution from Chargor/Assignor (for 3rd
29 Party case)
CTC (by Company Secretary) of Memorandum of
30 Articles and Association (‘M & A’) / Constitution
CTC (by Company Secretary) of Form 24, 44 and
31 49
32 Form 34
33 Form 40
34 Others If any, to list down in a separate listing and to be attached as per Appendix 1.
1. Power of Attorney
Presentation no is ________. Presented on __________. Receipt enclosed. Pending extraction from _______High Court.
2. Charge
Presentation no is ________. Presented on __________. Receipt enclosed. Pending extraction from _______land office.
3. Caveat
Presentation No is ________. Presented on __________. Receipt enclosed.
4. Form 34
Presentation No is ________. Presented on __________. Receipt enclosed.
2. Land Search
conducted on the individual title / Strata title and the block title at the point of presentation of transfer and/or
private/ lien holder’s caveat / charge.
conducted on the Master title and the result is not more than 3 months from the date hereof.
Yes No
Land Free From Encumbrances :
Restriction In Interest : If yes, go to Section A
Caveat Entered By 3rd Party : If yes, go to Section B
Any Conversion of Land Use : If yes, go to section C
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Section A
Section B
Type of Caveat:
Section C
Enclosed is the approval letter dated __________ issued by the Pejabat Tanah Daerah __________ to the developer
together with premium payment receipt. The date of conversion is on___________. Below is the details on the changes:
(Note: Solicitor to highlight the necessary)
Enclosed a written consent (indemnity) from the Customer(s) on release of Facility despite restriction in interest on Master
Title.
Enclosed certified true copy of the Formal Approval for AVTC (Application for variation of title condition)
Solicitor’s confirmation that Section 47 and 48 of Sarawak Land Code does not jeopardize Bank’s interest over the land.
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Enclosed the certified true copy of the approvals from the relevant government agencies and local authorities for the
development or construction of the property: -
Valid APDL i.e SPA date must be within the APDL validated period
We confirm that the following party(ies) is/are not bankrupt(s) or has not been wound up / has no winding-up petition being
taken against the party(ies):.
The Customer(s)
The Vendor(s)
Enclosed a copy each of the Official Assignee / Winding-up, which not more than 6 months from the date hereof.
Enclosed Statutory Declarations (‘SD’) from these parties duly affirmed by the Commissioner For Oaths, declaring that there
are no prosecution, bankruptcy/winding-up or other proceedings have been taken / pending against them and if applicable
that the property is meant for owner occupation:-
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5. If the Customer(s) / Purchaser(s) /Vendor(s) / Guarantor(s) / Security Party(ies) are sole proprietorship / partnership /
companies
Searches at the Companies Commission of Malaysia (“CCM”) made on the following party(ies) reveal that they are validly
registered, there is no debenture/charge over the Property and there is no adverse remarks against any of them :-
Chargor(s) / Assignor(s) (applicable if the Chargor(s) / Assignor(s) is not the Customer(s) dated
_______________________________
Others (if any & to insert name and the date of search) :
Enclosed a copy each of the CCM search, which is not more than 6 months from the date hereof.
the Customer(s)/Purchaser(s) to borrow the facilities and provide the securities required specified under
Clause ____of the M & A / Constitution.
the Chargor(s)/Assignor(s) to purchase the Property/to charge the Property, to secure payment of the
Customer’s/Purchaser’s indebtedness as specified under Clause ______ of the M & A / Constitution.
the Vendor(s) to sell the Property to the Customer(s)/Purchaser(s) as specified under Clause _____ of the
M & A / Constitution.
The Board Resolutions from the following parties have been obtained and we confirm that it is in order:-
Resolution from the Customer(s) dated on the acceptance of the facility; on the purchase of the property
and the charge/assignment of the property as security for facility granted.
Resolution from the Chargor(s) / Assignor(s) dated _________ on the purchase of the property and the
creation of the charge/assignment of the property as security for facility granted (applicable if the
Chargor(s) / Assignor(s) is not the Customer(s).
Attach confirmation from the company secretary confirming that the Property or guarantee does not contravene Section 224
& 225 of the Companies Act 2016.
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6. Letter Of Undertakings & Confirmations From Developer / Proprietor / Contractor (All letters must be addressed to
AmBank (M) Berhad or AmBank Islamic Berhad, whichever is applicable)
Enclosed Original Letter Of Undertaking & confirmation from Developer / Contractor dated ___________.
Other Remarks:
An irrevocable Power of Attorney dated __________ granted by the Proprietor to the Developer (applicable, if
Proprietor and Developer are different parties).
Enclosed Original Letter Of Undertaking & confirmation from Proprietor dated ________ (applicable, if there is no Power of
Attorney entered between the Developer and Proprietor).
Developer Contractor
To refund all monies released by AmBank (M) Berhad / AmBank Islamic Berhad in the event the
construction of the said Property is not completed or abandoned for any reasons whatsoever or upon
completion, the Certificate of Completion and Compliance / Certificate Of Fitness is not issued & Non
registration of transfer.
Developer Proprietor
To refund all monies released by AmBank (M) Berhad / AmBank Islamic Berhad in the event the said
Memorandum of Transfer cannot be registered causing the charge in favour of AmBank (M) Berhad not
capable of being registered.
Developer Proprietor
To deliver to AmBank (M) Berhad / AmBank Islamic Berhad, the separate title/strata title to the said
Property upon issuance together with a valid and registrable Memorandum of Transfer in favour of the
Customer(s)/Borrower(s)/Purchaser(s) free from encumbrances.
Developer Proprietor
To obtain relevant consent to transfer in due course (if applicable).
Developer Proprietor
Not to further encumber the said property without AmBank (M) Berhad’s / AmBank Islamic Berhad
consent.
Developer Proprietor
The HDA Account No : ____________________.
7. Letter of Redemption Cum Undertaking From The Existing Chargee / Assignee (All letters must be addressed to
AmBank (M) Berhad or AmBank Islamic Berhad, whichever is applicable)
Enclosed Original Letter of Redemption Cum Undertaking dated _________ from the existing chargee/assignee which
expires on ___________ .
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 Charge and Title or Receipt & Reassignment etc upon receipt of the
redemption sum
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We confirm:
The difference between the redemption sum & the facility has been settled/deposited. Enclosed a confirmation letter
from the Purchaser’s Solicitor (for sub-sale / auction) / loan solicitor (for refinancing) dated __________
8. Letter of Disclaimer Cum Redemption From The Bridging Financier (All letters must be addressed to AmBank (M)
Berhad or AmBank Islamic Berhad, whichever is applicable)
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 from the Bridging Financier dated __________.
The total redemption sum due to the Bridging Financier is not more than 35% of the Purchase Price ie. within the total
amount for Stage 2 (a) (b) & (c) of Third Schedule of the SPA. (Applicable for new revised Schedule G & H for
APDL (Advertisement Permit Developer License) approved from 1st July 2015 onwards)
The balance redemption sum in excess of 35% of the Purchase Price has been settled. Enclosed a confirmation letter
from the Bridging Financier dated ____________. (Applicable for new revised Schedule G & H for APDL
( Advertisement Permit Developer License) approved from 1st July 2015 onwards)
9. Letter of Undertaking From The Vendor (All letters must be addressed to AmBank (M) Berhad or AmBank Islamic
Berhad, whichever is applicable)
Enclosed Letter of Undertaking from the Vendor (witnessed by the attending solicitor where the vendor is an
individual & where the vendor is a company witnessed by the authorised signatories) dated __________ to refund all
monies paid by AmBank (M) Berhad / AmBank Islamic Berhad, in the event the Memorandum of Transfer /DOA in
favour of the Customer(s)/Borrower(s)/Purchaser(s) cannot be registered/perfected.
Enclosed confirmation in writing dated __________ on the Extension of Completion Date from the Vendor’s Solicitor /
Vendor (if vendor is unrepresented).
Enclosed Letter of Authorisation from the Vendor to release the balance of the purchase price to SPA Solicitors as
Stakeholders (witnessed by the attending solicitor where the vendor is an individual & where the vendor is a company
witnessed by the authorised signatories) dated __________) (applicable, if the release of the balance of purchase
price is made one (1) year after the date of SPA).
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10. Letter of Undertaking From The SPA Solicitor (where Title is not available) (All letters must be addressed to AmBank
(M) Berhad or AmBank Islamic Berhad, whichever is applicable)
Enclosed Letter of Undertaking from the SPA solicitor dated ________ to deliver a valid & duly stamped
Memorandum of Transfer pertaining to the aforesaid property after the issuance of and the delivery of the same by
the developer to AmBank (M) Berhad / AmBank Islamic Berhad the separate strata or individual title.
We undertake :
To forward the duly duplicate registered charge together with Annexure and the original Title Deed upon registration.
To refund to AmBank (M) Berhad / AmBank Islamic Berhad the Financing 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 omission resulting in AmBank (M) Berhad / AmBank Islamic Berhad sustaining or
suffering any loss or damage arising therefrom.
If we are also the SPA solicitor, to register the duly executed & registrable Memorandum of Transfer in favour of
the Customer(s)/Borrower(s)/Purchaser(s) upon issuance of the individual/strata title provided that:
(Note: Solicitor to highlight what are the relevant information is necessary to be made known to the Bank.)
To register the Receipt & Reassignment in favour of Customer(s) / Assignor(s) and thereafter to register the Power
of Attorney in your favour & to deliver you the original copy of Power of Attorney.
12. Confirmation On The Differential Sum Settled Between The Purchase Price & The Financing Sum (All letters must be
addressed to AmBank (M) Berhad or AmBank Islamic Berhad, whichever is applicable)
Legal bill is borne by AmBank (M) Berhad / AmBank Islamic Berhad (attached bill).
We confirm that the legal bill has been settled in full by the Customer.
All outstanding administrative fees due by the Vendor to the Developer confirmed paid (confirmation dated ___________
enclosed)
Deed of Assignment / Memorandum of Transfer (Form 14A) between the Vendor and the Purchaser has been submitted for
adjudication / duly adjudicated on __________ & necessary estimated stamp duty has been deposited.
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Enclosed a copy of the Certificate of Completion and Compliance / Certificate of Fitness, current Quit Rent and Assessment
Receipt, duly certified by SPA Solicitor / Financing’s Solicitor.
Enclosed herewith the “Notice of Assignment” duly acknowledged by the Developer and/or Proprietor (if applicable).
Please further be informed that a copy of the duly stamped Deed of Assignment (by way of security) has been forwarded
to the Developer and/or Proprietor (if applicable) for safe-keeping. As such, we hereby confirmed that the requirement as
stipulated in Section 22D(1) of the Housing Development (Control and Licensing) Act 1966 has been complied. (only
applicable for West Malaysia)
We confirm we have done online checking at Lembaga Hasil Dalam Negeri and that the stamping acknowledgment on the
stamp certification are genuine.
We confirm that we have contacted the Developer / Proprietor, and that the contact number does exist.
(Solicitor to provide the Developer’s / Proprietor’s latest contact no, business address and person in charge)
We confirm that the solicitors acting for the Purchasers and the Vendors are duly registered with the Bar Council /
Advocates’ Association of Sarawak / Sabah Law Association.
(Note: Solicitor to provide the Vendor’s / Purchaser’s Solicitors latest contact no, address and lawyer in charge)
We confirm that as to date the contact number and address of the Customer(s), Chargor(s)/Assignor(s), and
Guarantor(s)/Corporate Guarantor(s) remain unchanged.
(Note: Solicitor to provide the Customer’s, Chargor’s/Assignor’s, and Guarantor’s/Corporate Guarantor’s latest contact no
and address if there is any changes.)
We confirm that at the signing of the security documents, our lawyers were physically present to attest and witness the
signature of the customer/security provider.
Developer confirmed that there is no Master Fire Insurance Policy issued for completed property.
We enclosed:
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Progress Photo
Billing Architect Certificate
We confirm:
that all the condition precedent specified in the letter of offer and/or supplemental letter of offer has been fulfilled.
(Note: Solicitor to highlight if any condition precedent of the letter of offer and/or supplemental letter offer is not fulfilled or pending
fulfillment.)
Based on the above, we are of the opinion that it is in order for AmBank (M) Berhad / AmBank Islamic Berhad to:
Release the redemption sum of RM___________ in favour of the Chargee namely___________ which, the Account
No is __________________.
Release the Financing sum of RM___________ progressively to the developer through HDA Account No
____________________________ according to the Architect Certificate & for final disbursement, to release the
stakeholder portion as per SPA.
Release the balance of the Financing sum of RM___________ to made in favour of the vendor or appointed
stakeholder namely _________pursuant to Section ______of SPA dated________. (Note: Solicitor to delete
inapplicable parties either vendor or stakeholder).
Thank you.
Yours faithfully,
…………………………………….
TO BE SIGNED BY SOLICITOR
cc: Customer
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APPENDIX 1
Security Documents – Enclosed the relevant security documents for your safe keeping:
Enclosed Duly
Date Undertake N/A
No Security Documents
To Forward Presented/
Original Duplicate Stamped
Registered
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