FORM 34
Companies Act, 1965 Section 108(1) and 110(1)
Company No:
………………….
STATEMENT OF PARTICULARS TO BE LODGED WITH CHARGE
To the Registrar of Companies.
1. The charge is created by:
2. The charge was created on :
3. The charge is fixed and floating.
4. The description of the instrument(s) creating or evidencing the charge is :
1. Facility Agreement
2. Debenture
5. The liability (whether present or prospective) secured by the charge is :
6. The liability secured is for the benefit of:
7. The creation of subsequent charges is restricted or prohibited.
8. A short description of the property affected is:
9. The name and address of the chargee is :-
10. Some salient covenants or terms and conditions in the instrument of charge:
Restriction against other Charges
The Borrower shall not, during the subsistence of the Facility cause or permit to a rise or subsist any encumbrance over any of its assets or any part thereof without the prior written consent of the Lender (save and except for any lien arising by operation of law in the ordinary course of business of the Borrower) and until the full amount owing by the Borrower to the Lender shall have been paid or satisfied in full, the Borrower hereby agrees that the Lender shall have a lien on all property and assets of the Borrower from time to time in the possession of and a charge over all stocks, including shares and marketable and other securities from time to time required in the name of the Lender or its nominee(s) whether the same be held for safe custody or otherwise.
Covenant to provide further Security
The Borrower shall at the request of the Lender and at the cost and expense of the Borrower charge and/or deposit with the Lender all documents of title of any or all immovable properties vested in the Borrower for any tenure and such charge and/or deposit may be by way of security for the payment of the Indebtedness and/or for the purpose of securing any other moneys owing to the Lender and not secured by the Security Documents.
In addition, the Borrower shall at the request of the Lender and at the cost and expense of the Borrower execute in favour of the Lender or its nominee(s) such agreements or mortgages, charges, caveats pledges, assignment, transfers, liens or other security interest as the Lender may require of an on all or any part of the Borrower’s estate, right, title and interest in any property, assets, stocks or shares now belonging to or which may hereinafter be acquired by or belong to the Borrower (including any Vendor’s lien) and the benefit of all licences held in connection therewith to additionally secure the payment of the Indebtedness or as substituted security.
Continuing Security
The security created by the Security Documents is and shall be a continuing security for all moneys whatsoever now or hereafter from time to time owing to the Lender by the Borrower whether alone or jointly and severally with another or others and whether as principal or surety notwithstanding that the Borrower may at any time or times cease to be indebted to the Lender for any period or periods and
notwithstanding that the account or accounts of the Borrower with the Lender may from any cause whatsoever cease to be a current account or accounts and notwithstanding any settlement of account or accounts or otherwise.
Undertaking
The Borrower undertakes and covenants with the Lender that it will at all times during the continuance of the Security Documents and so long as any moneys payable under the Security Documents remain unpaid: –
a) punctually pay all its indebtedness under this Agreement and the Security Documents when due and owing and punctually pay all its indebtedness to all relevant authorities;
b) perform all its other obligations under this Agreement and Security Documents and procure that the Security Parties perform all their obligations under the relevant Security Documents;
c) promptly furnish or obtain any governmental approval, authorization license or permit of any nature whatsoever which may now or hereafter be required under any law, decree or regulation relating to the performance of its obligations under this Agreement and the relevant Security Documents and the performance of the obligations of the Security Parties under the relevant Security Documents.
11. The instrument of charge or a copy thereof is kept at the registered office of the company and is open to the inspection of any creditor or member of the company without fee or of any other person on the payment of a fee of RM2.00.
Dated this day of 20…
…………………………………………
Director
Name:
(NRIC NO: .)
This Form 34 is lodged by: –
