FBCRE 372/2015

RHB Bank Berhad

Credit Operations Division

General Instructions & Service Level Agreement ("SLA") For

Bank Appointed Panel & Non Panel Solicitors

Consumer Operations

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Service Level Agreement
Version October 2018
TO: SOLICITORS ON RHB BANK'S APPOINTED PANEL / AD-HOC PANEL

In order to enhance and improve our delivery service to our customers in terms of fast turnaround
time for release of our Banking Facilities, we would appreciate your compliance to the General
Instructions and Service Level Agreement.

The General Instructions & Service Level Agreement for various documentation process and types of
financing are indicated herein.

Type General Instructions

Letter of Instruction All Letter of Instruction to Solicitors will be issued via the FLASH system.
from RHB Bank

General All correspondences and letter of advice for release addressed to the bank must quote
Correspondences the Bank's reference at all times.

Letter of Instruction a. Please ensure that the borrower/s execute the Loan / Financing
documents within 7 days after receiving our Letter of Instruction.

b. Upon receiving our Letter of Instruction to commence work and do all

necessary work simultaneously.

c. Solicitors to follow up closely with borrower/s or customer/s to execute

the documents.

d. To inform the Bank, Credit Operations if any discrepancies are noted

in security arrangement in the Letter of Offer and related documents,
SPA, Land Searches, Titles, etc.

e. In the event there are any other consent pending, to follow up closely
for such consent or approval.

f. In the event that the drawdown of the loan / financing exceeds the
expected SLA, solicitors must notify reasons for such delays.

g. Solicitors are to act on behalf of the Bank and that they must ensure
that the interest of the Bank is protected at all times.

h. Non Panel Solicitor is required to provide a Letter of Undertaking

stating that they will ensure the interest of the Bank is protected
throughout the loan /financing documentation process, including
perfection of the same and will indemnify the Bank from any liabilities
should they fail to do so.

Conflict of Interest In the event that there is a conflict of interest between solicitor & borrower/s
or customer/s after receiving the Letter of Instruction, Solicitors must inform
the bank what action they have taken/ shall take
to resolve the conflict or to decline doing the case. This must be
communicated to the Bank in writing.

In the event that any Solicitors in the legal firm are closely related to any
employee of the Bank who in their capacity can influence in referring or
appointing the legal firm, the Solicitors/Legal Firm must inform the bank the
extent of the relationship before proceeding to work
on the case.

If the Solicitor or Employee of the firm is granted banking facility by the

Bank then the security documentation must not be handled by the firm
unless approved by the Bank on a case to case basis.

Developer under Do not proceed with the case if:-

Liquidation or In the event the Developer is in the process of being Wound-Up or is
Receivership or already Wound-Up, in Liquidation or under Receivership or there is a
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Service Level Agreement
Version October 2018
 Type General Instructions

Wound-up Petition for Winding-Up, whereby the existing Assignee &/ or Beneficial
Owner cannot be ascertained or confirmed by the Developer or Official
Assignee unconditionally &/or if the Strata or Individual Title to subject
property(ies) has not been issued and the Bank is unable to serve the
Notice of Assignment under Section 22D of the Housing &
Development (Control & Licensing) Act 1966 & Regulations.

Developer does not In the event the Developer do not consent to Direct Transfer to the
allow Direct Purchaser/s (the Borrower/Customer) who will be the latest Beneficial
Transfer. Owner/s upon issuance of Title.

Consent cannot be The Consent from the Authorities is/are required for any Transfer of
obtained from Ownership or Registration of Charge which cannot be granted or obtained
state authorities during the duration or the extended period provided in the SPA.
Where original In sub-sale or refinancing cases where any original document/s
Security required for our security documentation is/are misplaced or are not
documents are not available.
available.
 Please notify and refer to the Bank for further instruction as the Bank
may want to cancel the Banking Facility/ies granted.

 Any incidental cost/s arising from this cancellation is to be borne by the

Customer/s or Borrower/s.

Documents for Documents forwarded to bank for execution must be sent within SLA
Execution indicated and with the accurate documents to be used/signed by the
borrower.
Solicitors must ensure that the following documents to be enclosed when
forwarding documents for execution are not original documents (the originals
(except NRIC) are to be forwarded at the point of Letter of Advice for
drawdown) and only certified photocopies are to
be enclosed :-
 NRIC of Customer/s, Borrower/s &/or Registered Owner/s
 Sales & Purchase Agreement
 Title
 Land Searches
 Jabatan Insolvency Searches
 Consent
 Entitlements & other relevant documents if any.
 Copy of letter of Offer to be attached to the Facility Agreement or
Musharakah Agreement.
No amendments are to be made to our standard preprinted documents.

Payment of RM300.00 To remit RM300.00 (effective 1st June 2018) directly to RHB Account No:
administration fee 2-120130011540-1 via IBG being payment of Administration Fee and to scan
proof of payment in FLASH system. Otherwise we shall return the documents
UNEXECUTED.

For redemption cases, to enclose entry/withdrawal of Private Caveat &

Caveator's Consent. Ensure that the particulars of the Bank's Power of
Attorney signor is completed, name & IC number.

Documents In the event that the Documents forwarded to the Bank for execution has not
Pending execution been returned to you within 7 working days or part of the documents (example
by Bank or return Caveator's Consent) are not enclosed or forwarded, you are to followed up
of incomplete with the Bank on the execution or any missing documents without delay.
documents to
Solicitors.

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Service Level Agreement
Version October 2018
 Type General Instructions

Documents In the event that the Documents are returned to Solicitors for rectification or
Returned by Bank are incomplete, you are required to rectify the error/s &/or omission and re-
for rectification check the entire security documents and returned the entire documents to the
Bank within 3 days from date of receiving the documents from the Bank.

Documents All Documents must be attested or witnessed by authorized officials of

Executed outside Malaysian Embassy or High Commission or Consulate if executed outside the
the country. country and if they are not available must be attested or witnessed by the
Bank's documentation solicitors (in Malaysia). If with Land / Strata Title must
comply to National Land Code 1965, Sarawak Land Code and Sabah Land
Ordinance.

Request for Letters of The Bank will issue our standard letter of undertaking and any request for
Undertaking variation must be made in writing to us subject to the bank's approval.

Letter of To avoid delay in the documentation process, request for the Letter of
Undertaking Undertaking should be made upfront at the point the documents are sent to
pending or not the bank for execution. In the event that the Letter of Undertaking has not
acceptable by been forwarded to you within 7 working days (usually enclosed together with
Developer or Vendor executed security documents) or that the Letter of Undertaking is not
acceptable by the Developer or Vendor/s, you are to inform the Bank on the
non receipt or non acceptance and to continue following up with the Bank on
the matter until resolved.

Developer do not allow In the event that the Developer do not allow for Private Caveat to be lodged
Private Caveat on on the Master Title, to provide supporting documents, example, submission to
Master land office for sub-division etc for the Bank to consider a waiver.
Title
Correspondences Do not forward us any carbon copies of correspondence unless it requires
bank's specific actions. Correspondence from 3rd parties that require our
attention/action must be accompanied by solicitors' legal advice/opinion to the
bank to enable the bank to act expeditiously.

Do not advise the bank on the release of the loan if differential sum
between the SPA and the financing amount has not been settled in full.
Do not send us any security documents on a piece meal basis. All
security documents (where available) must be enclosed at the point of advice
for release and after registration & completion for safe custody of the Bank.

Letter of Advice to All advice for release must be in the bank's standard format and forwarded to
Release us in triplicate (2 copies to be retained by the bank).
All advice for release must be within the SLA stipulated. Please ensure the
following are complied:
1. Indicate and tick on the front page on the letter of advice selection for
example, for 1st release redemption, final release or balance sum,
subsale, refinancing, auction, documents for custody etc etc. This is to
facilitate our system documents routing purposes.

2. All items as per our standard advice must be obtained where applicable
and all relevant documents including (but not limited to) land search,
Contractor's All Risk Policy for property under construction, Master Policy
or Sub Certificate to the Parcel, Jabatan Insolvency Malaysia Searches,
Statutory Declaration for owner occupation and not an undischarged
bankrupt, confirmation of differential sum settled must be attached,
presentation slip issued by land office, screen print from LHDN website as
proof of valid stamping, etc etc.
3. A copy of the progressive billing and architect's certificate for cases
purchases direct from the developers must be enclosed.
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Service Level Agreement
Version October 2018
 Type General Instructions

4. All letters of undertaking from developer /vendor and disclaimer from

respective parties must be checked and be in order before advising.
5. All stamped security documents and supporting documents are to be
enclosed and please ensure the stamped Facility Agreement is forwarded
together in the 1st Advice to Release, if required for other stamping
purposes, then a photocopy of the Stamped Facility Agreement
should be forwarded instead.
6. All Original letters of offer must be stamped.
7. All Statutory Declaration must be stamped.
8. Letter of advice for release must be sent to the correct address.
9. Developer's HDA account nos. is to be provided for property under
development. Please provide required information for payment via IBG.

E-payment information 10. In line with the industry migration to e-payment mode of settlement,
required please provide your firm's account number and name of Bank & Branch
you maintain your business account for payment of legal fee if any.
11. If the redemption is to be paid to other Banks please ensure the
redemption statement from such Banks have sufficient information for
payment via Rentas / IBG System - Beneficiary A/c, Beneficiary Name &
NRIC or Company Registration number & Payment Reference.
12. Similarly, for payment of Balance Loan sum to Vendor/s or Solicitors as
Stakeholders, please ensure you provide our Bank with the Vendor/s
account & Bank or your Solicitor's Clients account number & Bank if
payment to Solicitors as Stakeholder and other details for payment via
Rentas / IBG.
13. Please refer to our standard advice for drawdown for details.

If redemption sum is to be paid & the existing chargee / assignee is RHB Bank
or RHB Islamic Bank, please enclose the Discharge of Charge or Deed of
Receipt & Reassignment together with the Letter of Advice for drawdown.

Submission of All relevant & supporting documents must be submitted in originals.

Original relevant or Where confirmation or validation is available or possible, such confirmation
supporting must be provided. (example: Screen Print from LHDN website as proof of
Documents & valid stamping & amount paid ).
Confirmation

Free Moving Cost Items which should not be in the billing, (not exhaustive):
(FMC) Charges:- 1. Traveling Expenses
whereby Legal 2. Miscellaneous Charges
Fees & Valuation 3. RM300 (subject to change) Administration fee which the Bank charges
Cost borne by the 4. Transport Charges
Bank 5. Telephone Charges
6. Printing Charges
7. Bankruptcy Search, not more then RM12-00
The Letter Offer will indicate that the Bank will pay FMC charges & has fixed a
percentage or capping amount of the FMC charges and that it includes cost of
valuation report. (Please contact the bank to confirm the amount of valuation
report cost). Please note the FMC charges do not include cost for transfer of
ownership. Solicitors are to collect the difference from the borrower/s or
customer/s if the total cost of legal fees exceeds the capping amount.

Finance Entry The amount of Legal Fees &/or Valuation Cost financed by the Bank is
Cost (FEC) :- indicated in the Letter of Offer. Please collect the difference from the
Whereby Legal Customer if the amount of Legal Fees exceeded the amount financed.
Fees & Valuation
Cost are Financed
by the Bank
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Service Level Agreement
Version October 2018
 Type General Instructions

Reminders, Status We expect prompt response in completing the case or reply to our reminders
Updates on status of the case. Status of the case can be viewed on-line from FLASH
Enquiries system and Solicitors need not contact the Bank for enquiries or follow-ups.

Quality of Work &  Work must be accurate, neat & complete and in accordance to the
adherence to Bank's format.
Bank's Process  Documents must be checked prior to sending to Bank for execution or
and full liability for drawdown of facility/ies.
perfection of  All supporting documents must be enclosed where necessary or
Security required.
Documents  Solicitors must comply to the Bank's processes and be fully liable for
perfection of Security Documents.

Provision of Legal Must provide legal opinion on legal issues encountered in the course of
Opinion documentation and not merely pose issues and wait for the Bank's instruction.

Resolving Customer's Resolve Customer's complaints pertaining to legal fees and documentation
Complaints issues quickly & professionally.

Response time to  Attending solicitor can be contacted easily, if not available, must provide
Bank's Queries the 2nd line of contact who is familiar with the case.

 information is pending must respond within 24 hours with the information

or expected date the information will be available.

Close follow-up & Constant follow-up on outstanding matters and to keep the Bank informed of
Monitoring of developments in documentation.
Documentation

Follow through on Return Close follow up with Land Offices / High Court and to return the security
of Security Documents documents to the Bank for safe custody within 90 days from date of Letter of
Advice for Drawdown.

Use of Bank's Standard To use the Bank's Standard Legal Documents and to adopt the Standard
Documents Advice for Drawdown when advising for drawdown of loans.

Jabatan Insolvensi  All searches forwarded to the Bank must be current.

Malaysia &  Not more than 1 month old at point of sending documents to the Bank for
Searches execution.
 Not more than 3 months old at the point of Letter of Advice for drawdown.
 The above is subject to change and Solicitors will be notified.

Solicitors The Bank will assign a rating for work quality for each stage per case.
Performance  Good - within standard turn around time and no errors or omission
Ratings  Average - beyond standard turn around time and no omission but with
minor error/s.
 Poor - beyond standard turn around time &/or with errors or omission.

Communication With All communication can be updated via FLASH system and/or via email to csd-
Credit Operations [email protected].
Division

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Service Level Agreement
Version October 2018
Service Level Agreement For Bank's Appointed Solicitors in Preparation of Legal Documentation
Narrative Summary of Service Level Agreement For Properties Purchased under Sub Sale or Refinancing With Title
No Action SLA (days)
1. Receive letter of instruction from bank by courier/hand collection. 1

2. Call borrower / customer by phone to sign documents and an appointment must be made 1
to sign by the 3rd day.

3a Customer call at lawyer's office to sign documents. 3

3b If customer fail to turn up, telephone customer to remind and to issue first reminder on 1
the following day to sign within 3 days.
3c To inform the bank if customer still did not turn up after 3 days from first reminder. 3
4. Simultaneously to write to N/A
 Chargee bank to forward redemption letter cum letter of undertaking within 7 days ,
to conduct land search and bankruptcy search.
 1st reminder to be issued to the bank on the 8 th day if no response from the chargee
bank giving the bank another 7 days to revert.
 Contact the borrower / customer to inform them to assist to contact the chargee
bank to expedite.
 Contact the chargee bank via phone to check if there is still no response within 3
days after the 1st reminder.

5. Forward documents to bank for execution by PA. 1

6. Bank to return duly executed documents together with Letter Undertaking to 3

vendor/vendor's solicitors.
7. Lodge private caveat and obtain Presentation No. 3
8. Prepare advice for release of redemption sum using the bank's standard format of 1
release.
9. Forward the above (two signed copies to be retained by bank) under solicitors' 2
letterhead.
10. Bank received the letter of advice to release. 2
11. Bank to release redemption sum provided all documents are in order and conditions 3
precedent complied.
12. Redemption Sum - via Rentas ( alternative - maybe by IBG). 1
13. Solicitor to inform chargee bank of Rentas payment. 1
14. Solicitor follow up with chargee bank for discharge of charge & relevant security 7
documents to prefect our documentation if documents still pending.
Call the chargee bank for discharge of charge & security documents.
15. Submit documents for stamping & endorsement. To present the discharge of charge and 3
our bank's charge to land office for registration.
16. Prepare advice to Bank for release of balance sum to borrower/customer. 1
17. Forward the above 2 signed copies to be retained by the Bank under Solicitor's Letter 1
Head.
18. Bank receives the advice and release of the balance sum 3
Total no of days 41

Return of Security Documents for Safe Custody

Solicitor is to follow up for return of security documents for bank's safe custody within 90 days from date of
Presentation.

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Service Level Agreement
Version October 2018
Service Level Agreement For Bank's Appointed Solicitors in Preparation of Legal Documentation
Narrative Summary of Service Level Agreement For Properties Purchased Under Sub-Sale / Refinancing Without
Title
No Action SLA (days)
1. Receive letter of instruction from bank. 1
2. Call borrower /customer by phone to sign documents & an appointment must be made to 1
sign by the 3rd day.

3a Customer call at lawyer's office to sign documents. 3

3b If customer fail to turn up, telephone customer to remind and issues 1st reminder on 1
the following.
3c To inform the bank if customer still did not turn up after 3 days from first reminder. 3

4a Simultaneously to write to: N/A

 Vendor's solicitors/chargee bank to obtain redemption letter cum letter of
undertaking, to forward Principal SPA & all other subsequent SPAs, confirmation
of differential sum settle, confirmation of deed of assignment (by way
transfer) submitted for adjudication, Letter of undertaking from Vendor to refund,
and all other relevant documents within 7 days.
 First reminder to be issued to the bank on the 8th day if no response from the
chargee bank to revert within 7 days.
 At the same time to contact the borrower/customer to inform them to assist to
contact the vendor's solicitors/chargee bank to expedite.
 Conduct land search, bankruptcy search.

4b  To developer/proprietor to confirm the beneficial owner of the property within 7 N/A

days with the appropriate fees paid, lodgement of private caveat and confirmation
on any administrative charges outstanding.
 First reminder to be issued to the developer on the 8 th day if no response from the
developer/proprietor to revert within 7 days.
 At the same time to contact the borrower/customer to inform them to assist to
contact the developer/proprietor to expedite.

4c  To SPA solicitors for their undertaking/confirmation as per HDA Act. N/A

 1st reminder to be issued to the SPA solicitors on the 8 th day if no response from
the developer/proprietor to revert within 7 days.

5. Forward documents to bank for execution by PA. 1

6. Bank to return duly executed documents & Letter of Undertaking to 3

vendor/vendor's solicitors.

7. Lodge private caveat, obtain presentation No (if applicable). 3

8. Prepare advice for release of redemption sum using the bank's standard format of 1
release.

9. Forward the above (two signed copies to be retained by bank) under solicitors' 1
letterhead, together with the Stamped Facility Agreement.

10. Bank received the letter of advice to release. 2

11. Bank release redemption sum provided all documents are in order and 3
conditions precedent complied.

12. Redemption Sum - via Rentas ( alternative - maybe by IBG ). 1

13. Solicitor forward cheque to Purchaser's Solicitors/Chargee bank. 1

14.  Solicitor follow up with chargee bank for receipt & reassignment, principal SPA & 7
all relevant security documents to perfect our documentation if documents still

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Service Level Agreement
Version October 2018
No Action SLA (days)
pending.
 Solicitors to call the chargee bank to remind on the above if not received
within 7 days & give another 7 days to comply.

15. Forward documents for stamping & presentation at High Court 3

 Send Notification to the Developer on the new owner with acknowledgement.
 The acknowledgement & p/copy of the notification to be forwarded to the bank
under item 17.

16. Prepare letter of advice to bank for release of balance sum to borrower. 1

17. Forward the above (two signed copies to be retained bank) under solicitors' 1
letterhead together with item 15.

18. Bank receives letter of advice & release balance sum 3

19. Balance Sum - via Rentas ( alternative - maybe by IBG ). 1

20. Solicitors to inform stakeholders/vendor 1

Total No of days 42

Return of Security Documents for Safe Custody

Solicitor is to follow up for return of security documents for bank's safe custody within 90 days from date of Letter of
Advice for 1st drawdown.

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Service Level Agreement
Version October 2018
Service Level Agreement For Bank's Appointed Solicitors in Preparation of Legal Documentation
Narrative Summary of Service Level Agreement For Properties Purchased From Developer With Title
No Action SLA (days)
1. Receive letter of instruction from bank. 1
2. Call borrower/customer by phone to sign documents & an appointment must be made 1
to sign by the 3rd day.
3a Customer call at lawyer's office to sign documents. 3
3b  If customer fail to turn up, telephone customer to remind and issues 1st reminder 1
on the following.
3c  To inform the bank if customer still did not turn up after 3 days from first reminder. 3
4a Simultaneously to write to
 Developer/Proprietor to furnish their letter of undertaking/confirmation in our
format (in accordance to HDA Act) , confirmation of differential sum settled, name
of chargee bank if any & forward duly adjudicated MOT.
 Reminder to developer if no response after 7 days.
 Conduct land search, bankruptcy search.

4b Simultaneously to write to
 Chargee bank, if applicable to forward redemption letter cum letter of
undertaking with 7 days.
 Reminder to Chargee bank on the 8th day if no response from the chargee
bank giving the bank another 7 days to revert.

5. Forward documents to bank for execution by PA with copy of SPA/NRIC/other 1

supporting documents.
6. Bank to return duly executed documents with Letter of Undertaking to developer. 3
7. Obtain confirmation of differential sum settled & title from developer. Obtain duly 3
signed and stamped MOT from SPA solicitors. If there is no redemption, submit
documents for stamping and endorsement, present MOT & title to land office for
registration of transfer & charge
Lodge private caveat, obtain presentation No (if applicable)
8. Prepare advice for release of redemption sum or progressive claims using the bank's 1
standard format of release, enclose copy of developer's billings and architect certificate.
9. Forward the above (two signed copies to be retained by bank) under solicitors' 1
letterhead, together with the Stamped Facility Agreement.
10. Bank received the letter of advice to release. 1
11. Bank release redemption sum against architect's certification & chargee bank's letter of 3
undertaking to accept partial redemption if applicable provided all documents are in
order and conditions precedent complied.
12. Redemption Sum - via Rentas ( alternative - maybe by IBG or by Cheque -CIC ) if 1
for Progressive Releases - payment via IBG
13. Solicitor forward cheque to charge bank 1
14. Follow-up for Disbursement of Balance Loan Sum & Discharge Documents 7
 Solicitor follow up with chargee bank for discharge of charge & Title and
relevant security documents for presentation of bank's charge upon full
payment of redemption sum.
 Call the chargee bank for discharge of charge, title & other security documents.
 Obtain duly adjudicated MOT from SPA solicitors.
15. Solicitor to follow with SPA solicitors to deliver duly adjudicated MOT if MOT has yet to 3
be received.
16. Present the discharge of charge and our bank's charge to land office for registration 3
17. Prepare letter of advice to bank using bank's standard format for release of balance 1
sum to developer against architect's certification & developer's progressive billings
18. Forward the above (two signed copies to be retained bank) under solicitors' 1
letterhead.
19. Bank release the balance sum progressively against architect's certificate & 3
developer's progressive billings
Total No of days 42

Return of Security Documents for Safe Custody

Solicitor is to follow up for return of security documents for bank's safe custody within 90 days from date of Letter of
Advice for 1st drawdown.

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Service Level Agreement
Version October 2018
Service Level Agreement For Bank's Appointed Solicitors in Preparation of Legal Documentation
Narrative Summary of Service Level Agreement For Properties Purchased From Developer Without Title
No Action SLA ( days)
1. Receive letter of instruction from bank 1
2. Call borrower/customer by phone to sign documents & an appointment must be 1
made to sign by the 3rd day.
3a Customer call at lawyer's office to sign documents. 3
3b If customer fail to turn up, telephone customer to remind and issues 1st reminder on the 1
following.
3c To inform the bank if customer still did not turn up after 3 days from first reminder. 3
4. Simultaneously to write to: 0
 Developer/Proprietor to furnish their letter of undertaking in our format, confirmation
of differential sum settled & confirmation of chargee bank if any.
 Reminder to developer if no response on the 8th day if no response received giving
the developer another 7 days to revert.
 Conduct land search, bankruptcy.
 Chargee bank to forward redemption/disclaimer letter cum letter ofundertaking
within 7 days if applicable.
 Reminder to Chargee Bank on the 8th day if no response from the ChargeeBank
giving the bank another 7 days to revert.
5. Forward documents to bank for execution by PA with copy of SPA/NRIC & other 1
supporting documents.
6. Bank to return duly executed documents with Letter of Undertaking 3
7.  Obtain confirmation of differential sum settled. Submit documents for stamping and 7
endorsement.
 Lodge private caveat, obtain presentation No (if applicable).
 Send Notification to the Developer on the new owner with acknowledgement.
 The acknowledgement & p/copy of the notification to be forwarded to the bank under
item 10.
 Reminder to developer if no response on the 8 th day giving developer another 7 days
to revert. At the same time to call developer via phone to expedite.
8. If differential sum has been settled, prepare letter of advice for release of redemption sum 1
or progressive claims using the bank's standard format of release, enclose copy of
developer's billing and architect certificate.
9. Forward the above (two signed copies to be retained by bank) under solicitors' letterhead, 1
together with the Stamped Facility Agreement.
10. Bank received the letter of advice to release. 1
11. Bank to release redemption/progressive claims against architect's certificate and chargee 3
bank's L/U to accept partial redemption and provided all documents are in order and
conditions precedent complied.
12. Redemption Sum - via Rentas ( alternative - maybe by IBG) if for Progressive Releases - 1
payment via IBG
13. Solicitor inform charge bank about disbursement. 1
Total No. of days 28

Return of Security Documents for Safe Custody

Solicitor is to follow up for return of security documents for bank's safe custody within 90 days from date
of Letter of Advice for 1st drawdown.

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Service Level Agreement
Version October 2018
Service Level Agreement For Bank's Appointed Solicitors in Preparation of Legal Documentation
Narrative Summary of Service Level Agreement For Properties Financed Under Personal
Consumption Without Title
No Action SLA (days)
1. Receive letter of instruction from bank 1
2. Call borrower / customer by phone to sign documents & an appointment must be 1
made to sign by the 3rd day.
3a Customer call at lawyer's office to sign documents. 3
3b If customer fail to turn up, telephone customer to remind and issues 1st reminder 1
on the following day.
3c To inform the bank if customer still did not turn up after 3 days from first reminder. 3
4. Simultaneously to write to N/A
 To developer/proprietor to confirm that borrower is the beneficial owner with
payment of appropriate fees , lodgement of private caveat and confirmation
on administrative charges outstanding, delivery of MOT/titles/strata title
upon issuance.
 Reminder to be issued to the developer on the 8th day if no response from
the developer/Proprietor to revert within 7 days.
 At the same time contact the borrower / customer to inform them to assist
to contact the developer/proprietor to expedite.
 To SPA solicitors for their undertaking to forward the individual title/strata
title/MOT upon issuance.
 Reminder to be issued to the SPA solicitors on the 8th day if no response
from the developer/proprietor to revert within 7 days.
5. Forward documents to bank for execution by Bank's PA 1
6. Bank to return duly executed documents 3
7. Submit documents for stamping and endorsement & presentation. Obtain 3
presentation No.
Send Notification to the Developer on the new owner with
acknowledgement.
The acknowledgement & photocopy of the notification to be forwarded to the
bank under item 10.
Reminder to developer if no response on the 8th day giving developer
another 7 days to revert. At the same time to call developer via phone to
expedite.
8. Prepare letter of advice for release of funds to borrower / customer 1
9. Forward the above (two signed copies to be retained by bank) under 1
solicitors' letterhead, together with the Stamped Facility Agreement, DOA,
Original SPA & acknowledgement & p/copy of the notification to developer -
item 7 above.
10. Bank received the letter of advice to release. 1
11. Bank release loan / financing for credit of borrower's account via Rentas 3
(alternative - maybe by IBG) account if all conditions precedent to drawdown
complied.
12. To inform Customer /Borrower upon remittance of funds. 1
Total No. of days 23

Return of Security Documents for Safe Custody

Solicitor is to follow up for return of security documents for bank's safe custody within 90 days from date
of Letter of Advice for 1st Drawdown.

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Service Level Agreement
Version October 2018
Service Level Agreement For Bank's Appointed Solicitors in Preparation of Legal Documentation
Narrative Summary of Service Level Agreement For Property Financed under Personal Consumption
with Title
No Action SLA (days)
1. Receive letter of instruction from bank by courier/hand collection. 1
2. Call borrower / customer by phone to sign documents & an appointment must be 1
made to sign by the 3rd day.
3a Customer call at lawyer's office to sign documents. 3
3b If customer fail to turn up, telephone customer to remind and issues 1st reminder on 1
the following day to sign within 3 days.
3c To inform the bank if customer still did not turn up after 3 days from first reminder. 3
4. Forward documents to bank for execution by PA. 1
5. Bank to return duly executed documents to solicitors. 3
6. Submit documents for stamping & endorsement 3
Present our bank's charge to land office for registration & obtain Presentation No
7. Prepare advice for release using the bank's standard format of release 1
8. Forward the above (two signed copies to be retained by bank) under solicitors' 2
letterhead
9. Bank received the letter of advice to release 2
10. Bank release the facility provided all documents are in order and conditions 3
precedent complied
11. Payment via Rentas or credit customer's a/c or via IBG 1
Total No of days 25

Return of Security Documents for Safe Custody

Solicitor is to follow up for return of security documents for bank's safe custody within 90 days from date of
Letter of Advice for 1st Drawdown.

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Service Level Agreement
Version October 2018
 Instruction to Solicitors Preparing Documentation for Banking Facility/ies

Notwithstanding the requirement to complete the documentation for disbursement of the Banking Facility/ies within the
Service Level Agreement (SLA) from date hereof, your letter of advice for release should reach us not later then 7s
before the earliest expiry date of any related documents pertaining thereto. You are to put the Bank to notice if the case
requires urgent attention from the Bank.

Not withstanding the Solicitor's, Borrower's or Vendor's request for the disbursement of the facility/loan to the Solicitors
as the stakeholder thereof, the Bank shall have the rights and absolute discretion to disburse the facility/loan or any
part thereof to the party it deem fit and proper depending on the circumstances of the case.

For cases where valuation report is required "under Precedent to drawdown", the security(ies) documents will only be
executed upon receipt of Valuation Report with property values as indicated in the Letter of Offer. Solicitor must follow-
up with the Bank weekly for status if documents are not executed and returned to the Solicitors.

You are to enclose the proof of official / valid stamping (both Franking & Certificate) of Documents by providing the
Screen Print from Lembaga Hasil Dalam Negeri's web-site verification.

All Official Bankruptcy and Land Searches forwarded should not be more than 1 month (enclosed during execution of
documents) and/or 3 months (enclosed together with Letter of Advice for Drawdown) from the date of Search Results.

Where the Borrower/s is/are foreigner/s (example: Singaporean) effort must be made to conduct Bankruptcy Search at
the Country of Origin.

All Documents must be attested or witnessed by authorized officials of Malaysian Embassy or High Commission or
Consulate if executed outside the country and where it is not available must be attested or witnessed by the Bank's
documentation solicitors ( in Malaysia ). If with Land / Strata Title must comply with National Land Code 1965, Sarawak
Land Code and Sabah Land Ordinance.

All Stamping of Documents must be in compliance to the Stamp Act 1949 whereby all Documents which require
stamping must be stamped as per 1st & 2nd Schedule of the Act. In the event the Bank is required to stamp any
documents, Solicitors shall reimburse the Bank such stamp duties & penalties if any.

Do not advise the bank on the release of the loan if differential sum has not been settled in full.

Do not send us any security documents on a piece meal basis. All security documents must be enclosed at the point of
advice for release.

Do not forward us any carbon copies of correspondence unless it requires bank's specific actions.

Correspondence from 3rd parties that require our attention /action must be accompanied by solicitors' legal
advice/opinion to the bank to enable the bank to act expeditiously.

For Sub-Sales and the security is without titles, the Bank will disburse the Balance Loan Sum to the Vendor/s only after
the Deed of Assignment - by way of transfer & Deed of Receipt & Re-assignment ( if redemption sum paid) has been
received by the Bank. As such, please ensure that the said documents are forwarded to the Bank before expiry of the
SPA.

If Redemption sum is to be paid and the Chargee / Assignee Bank notifies or indicate in the Redemption Statement or any
other notification that the existing Original Security Documents in their custody are incomplete or that the
Chargee/Assignee Bank is unable to deliver Complete Documents, you are not to advise draw-down but request for
further instruction from our Bank and to continue to follow up closely until instruction given.

In your Letter of Advice for full draw-down or Balance Sum after redemption, you are to ensure that all existing Security
Documents delivered by the Chargee/Assignee Bank are Original and Complete. In the event that the Documents are
found to be incomplete or defective, you must not advise draw-down but instead to notify the Chargee/Assignee Bank of
the Discrepancies and request for refund of the redemption sum paid by our Bank and seek further instruction from our
Bank.

You are not to hold or delay completion of security documentation or delay returning the security documents to the Bank
for reason/s that your legal fees have not been paid by the customer. If for reason/s that the counter party Solicitor or
Banks have not delivered the required documents to enable you to complete the security documentation, you are to
demand from them the pending documents or demand for refund of the amount disbursed plus interest & cost. You are at
all times required to keep the Bank informed of such action/s.

If the Legal Fee &/or Valuation Report Fee are borne or financed by Bank is capped at certain amount as indicated in the
Letter of Offer, the Bank will pay legal fees (less valuation fee & Exit Fee payable to chargee bank) for the Loan
Documentation & Redemption Purposes (not for any Transfer (MOT), please refer to the Letter of Offer for details.

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Service Level Agreement
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 Do not proceed the case if :-
1. In the event the Developer is in the process of being Wound-Up or is already Wound-Up, in Liquidation or under
Receivership or there is a Petition for Winding-Up, whereby the existing Assignee &/or Beneficial Owner cannot be
ascertained or confirmed by the Developer or Official Assignee unconditionally &/or if the Strata or Individual Title to
subject property(ies) has not been issued and the Bank is unable to serve the Notice of Assignment under Section
22D of the Housing & Development (Control & Licensing) Act 1966 & Regulations.
2. In the event the Developer do not consent to Direct Transfer to the Current Purchaser/s who will be the latest
Beneficial Owner/s.
3. The Consent from the Authorities is/are required for any Transfer of Ownership or Registration of Charge which have
not been obtained.
Please notify and refer to the Bank for further instruction as the Bank reserve the right to cancel the Banking Facility/ies
granted. Any incidental cost/s arising from this cancellation is to be borne by the Borrower(s) / Customer(s).

Applicable for Consumer loans

When forwarding Documents for Execution
To ensure that there is no unnecessary delay in the processing of documents received, correct reference must be quoted
and to the correct address - in West Malaysia to Credit Operations in Bangi or East Malaysia to Regional Credit
Operations in Kuching and you are to forward the following documents / requests when sending documents for execution.
Enclose photocopy of SPA / Title / Land Search Report / Jabatan Insolvensi Searches for Borrowers, Owners, Vendors,
Developers, Guarantors / NRIC and the originals (except NRIC) to be forwarded with the letter of advice for release.

To remit RM300 (effective from 1st June 2018) directly to RHB Account No:2-120130011540-1 via IBG being payment
of Administration Fee and to scan proof of payment in FLASH system. Otherwise we shall return the documents
UNEXECUTED.

Attach a copy of full set Of Letter Of Offer to the Facilities Agreement.

Our Legal Charge is "Open Monies Charge"; use Alternative Column C under Form 16A & no amount should be stated.
This is not applicable for properties in Sabah and Sarawak.

Enclose entry /withdrawal of private caveat for redemption and refinancing cases (to protect the bank's interest, you are
required to withdraw the private caveat only after the registration of Legal Charge. In the interim, a caveator's consent will
be issued).

Enclose change of name form (if applicable).

Confirmation on waiver of lodgement of private caveat (must be requested upfront if applicable with necessary
documentary evidence or your legal opinion). Where the Developer is not agreeable for the Bank to lodge a Private
Caveat on the Master Title/s, you are to obtain proof of submission of sub-division or application for strata titles from the
Developer for our records.

Letter of undertaking to developer (must be requested upfront if required).

Confirmation on developer's standard consent (must be requested upfront if applicable).

Ensure that the authorized signatories of the Borrower initial on every page of the Letter of Offer and security documents
with full signatures on the last page of the Annexure or where required to do so.

All charges incurred are for account of borrower and to confirm that the requisite stamp duties and your fees are paid
(unless under FMC/FEC whereby the borrower is to pay the shortfall) when you advise us for 1st release.

As solicitors representing the bank, you are to ensure that the following are complied before advising the bank
to release:-
Ensure that Standard Letter of Advice is used when advising us on the release of loan and the HDA Account No. of
developers must be indicated for all properties purchased from developer and SPA which falls under HDA Act
(Properties in West Malaysia).

All advice for release must be in the bank's standard format and forwarded to us in triplicate where 2 copies are to be
retained by the bank.

Original Letter of Offer to be stamped and returned to the Bank for safe custody.

All principal security(ies) documents are stamped ad-valorem. Where other documents attract stamp duty, please ensure
they are stamped with the correct stamp duty as per Stamp Duty Act 1949 (example Statutory Declarations ).

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Service Level Agreement
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 All legal fees and stamping fees have been collected and paid in full by the Customer (unless under FMC/FEC package -
pls refer to the Letter of Offer for details).

Letter of undertaking from the developer must be in format acceptable to the Bank Full compliance of all security
documentation and conditions precedent to drawdown.

All original security documents are enclosed with the Standard Letter of Advice for release. (Please use our latest
version).

Contractor's All Risk policy (CARP) is to be enclosed (for all properties purchased direct from developer). For Non Landed
Completed Properties, you are to enclose copy of the unexpired Insurance Certificate to the Parcel from the vendor or the
Master Insurance Policy for the Building / Project from the Developer or Management Corporation.

Free Moving Costs (FMC) billings are to be enclosed together with your first Letter of Advice for drawdown and the bank
reserves the right not to pay any overcharged item.

Indicate on the front page on the letter of advice whether loan is for 1st release, subsale/refinancing or release of balance
sum.

All items as per our standard advice must be obtained where applicable and all relevant documents including land search,
contractor's all risk policy for property under construction, OA searches/ Statutory declaration must be attached,
presentation slip issued by land office.

Copies of the progressive billing and architect's certificate for cases purchases direct from developers must be enclosed.

All letters of undertaking from developer/vendor and disclaimer from respective parties must be in order before advising.

All stamped security documents and supporting documents are to be enclosed and please ensure the stamped Facility
Agreement is forwarded together in this Advice to Release, if required for other stamping purposes, then a photocopy of
the Stamped Facility Agreement should be forwarded instead. This Facility Agreement must be returned to the Bank
immediately after it has served the above purpose.

Ensure that the particulars of the PA signer is completed in all legal documents.

To inform all parties that all Correspondences/Letters of Undertakings and Developer's Progressive billings must be
addressed correctly to below address and quoting our AA Reference No to avoid any unnecessary delay in loan release.

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Service Level Agreement
Version October 2018