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Guidebook on Registering Property in Malaysia.pdf

Guidebook on Registering Property in Malaysia.pdf

Guidebook on Registering Property in Malaysia.pdf

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GUIDEBOOK <strong>on</strong> REGISTERING PROPERTY <strong>in</strong> MALAYSIA3. F<strong>in</strong>anc<strong>in</strong>g Documents• Hakimi’s lawyer must then compile all documents required for assignment of the <strong>Property</strong><strong>in</strong> favour of Hakimi before the bank can release the loan sum or balance rema<strong>in</strong><strong>in</strong>g of thepurchase price.• The <strong>Property</strong> will be assigned to Hakimi’s bank as the security for Hakimi’s m<strong>on</strong>thly paymentsfor the loan.• Hakimi’s bank will subsequently <strong>in</strong>struct its lawyer to prepare the loan agreement and Deedof Assignment. The loan agreement specifies which document is a pr<strong>in</strong>cipal document anda subsidiary document. In most cases, the loan agreement will be classified as the pr<strong>in</strong>cipaldocument and the Deed of Assignment together with any other support<strong>in</strong>g documents will beits subsidiary documents.• In later stages, when the <strong>in</strong>dividual title is issued for the <strong>Property</strong>, Hakimi’s bank will then<strong>in</strong>struct its lawyer to prepare Form 16A (Appendix 8) and Annexure for registrati<strong>on</strong> of thecharge <strong>in</strong> favour of the bank after the <strong>Property</strong> is transferred to Hakimi.• The full chargeable rate will be paid for the pr<strong>in</strong>cipal document.• The chargeable Stamp Duty will be paid <strong>on</strong> the loan agreement and the Collector will endorse<strong>on</strong> Deed of Assignment as c<strong>on</strong>firmati<strong>on</strong> of full payment.• The chargeable rate is 0.5% of the loan amount. In Hakimi’s case the stamp duty for thepr<strong>in</strong>cipal f<strong>in</strong>anc<strong>in</strong>g document is RM 2,500. Other support<strong>in</strong>g documents will be stamped forthe chargeable stamp duty of RM 10 each.35

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