Professional Documents
Culture Documents
If it involves individual
1.
2.
3.
4.
5.
6.
Transfer
(with title)
SPA (4)
F14A (2)
CAVEAT
FORM (F19B &
F19G)
SD FOR
CAVEAT
CKHT
BILL OF COST
Transfer
(without title)
1. SPA (4)
2. DOA (4)
(TRANSFER)
3. CKHT
4. BILL OF COST
1.
2.
3.
4.
Loan
(with title)
F16A &
ANNEXURE (4)
LOAN /
FACILITY AGT
(4)
BORRS LU
BILL OF COST
1.
2.
3.
4.
5.
Loan
(without title)
DOA
(SECURITY) /
LACA (4)
POWER OF
ATTORNEY (4)
FACILITY AGT
(4)
BORROWERS
LU
BILL OF COST
Islamic Banking
(with Title)
1. F16A &
ANNEXURE (4)
2. PSA (3)
3. PPA (3)
4. BORRS LU
5. BILL OF COST
Islamic Banking
(without title)
1. DOA (4)
(SECURITY)
2. PA (4)
3. PPA (3)
4. PSA (3)
5. BORRS LU
6. BILL OF COST
7. DEVS LU
If it involves company
TRANSFER
1.
2.
3.
4.
5.
6.
M&A
FORM 24
FORM 49
BOARD OF DIRECTORS RESOLUTION
WINDING UP SEARCH
COMPANY SEARCH
LOAN
1.
2.
3.
4.
5.
6.
7.
M&A
FORM 24
FORM 49
BOARD OF DIRECTORS RESOLUTION
WINDING UP SEARCH
COMPANY SEARCH
FORM 34
Conventional Loan
Letter of Offer (Bank prepares)
Loan Document/Facility Agreement
No title issued
o DOA (Security)
o Power of Attorney
Principal SPA
o DOA (Transfer)
Islamic Banking
o
Letter of Offer (Bank prepares)
o
PPA
o
PSA
Ada title (Title issued)
No title issued
F16A (Charge)
o DOA (Security)
o Power of Attorney
o Principal SPA
o DOA (Transfer)
What is Principal SPA? The Sale and Purchase Agreement between the Vendor and Developer (Schedule H)
Why do we need Principal SPA?
To prove where do the rights and interest of the Vendor (in case of Transfer) or Borrower (in case of assignment
(security)) derives from.
It is called "Transfer"
Parties:
o Vendor = "Vendor"
o Purchaser = "Purchaser"
Charge
It is called "Charge"
Parties :
o Purchaser : "Borrower/Chargor"
o Bank : "Chargee/Financier"
Charge / Assignment
It is called "Assignment"
Security Doc:
o "Deed of Assignment (by way of Security/Charge)"
Parties :
o Borrower : "Assignor"
o Bank : "Assignee"
Land Without
Title
Title not yet
issued (still under
Master Title)
Transfer
Assignment
Use Deed of
Assignment (by
way of Transfer)
In cases where Title has not been issued, but the Vendor
wishes to sell the property to a sub-Purchaser through subsale,
then he is allowed to do so WITHOUT the need of obtaining
consent from the Developer.
The Vendor just needs to give notice to the Developer, so that
after the title is issued, the Developer can just straightaway
transfer the title to the new Purchaser.
Example: Ali bought a unit of apartment from ABC s/b. Strata
title has not been issued but he wants to sell his apartment to
Siti. Ali can do so through Assignment and he need to inform
ABC s/b that ABCs duty now is with Siti and not Ali
anymore. When the strata title is issued, ABC may just
transfer the property into Sitis name.
Sale and
Purchase
(Developer)
HDA:
Sch G (if
landed);
Sch H (if strata)
Charge/
Assignment
File 3 (if ada
title);
File 4 (if x title)
Loan:
Conventional
Islamic
Banking
Subsale
Redemption
Redemption
statement
(redemption
sum)
Discharge of
Charge /
R&R
Form 16N (if
ada title); or
Deed of Receipt
& Reassignment
(DRR) (if no
title)
Acquirer
(Purchaser)
Disposer (Vendor)
CKHT 1A
Submit within 60
days from
disposal
Kenaikan cukai
sebanyak 10% if
fail to pay tax
within 30 days
after valuation
notice
Copy of SPA /
F14A
CKHT 2A
2% of purchase
price
Copy of IDT
Copies of bills
and receipts for
expenses claimed
File within 60
days of
acquisition
Failure to pay
within 60 days tax naik 10%
Copy of SPA /
F14A
Copy of IDT
Property after 5
years
Exemption
(CKHT 3)
Similarities / Differences
Schedule H
Type of Property
When?
Effect if fail to obtain loan (Clause 5)
Separate document/strata of title /
transfer of title (Clause 11)
Time for delivery of vacant possession
Manner of delivery of vacant
possession
SUBSALE
Terms under the Sale and
Purchase Agreement (Subsale)
Deposit - 10%
Bankruptcy Search
Respective lawyers will do. Vendors soli cannot
make search of Purchaser and vice versa
If Vendor bankrupt need to obtain approval to sell
the land from DGI
If Purchaser bankrupt cannot enter into any
contract
Conditional Contract
If the SPA is subjected
to consent from State
Authorities, then
failure to obtain the
consent will render the
SPA voidable and shall
be terminated.
REMEMBER!
A SOLICITOR CANNOT ACT
FOR BOTH PARTIES