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Loan Documentation & Credit Administration
  • Overview
  • Objectives & Outline
  • Methodology
  • Participant Profile
  • Trainer
  • Overview
    PROGRAMME DETAILS

    DATE

    31 October - 1 November 2019

    TIME

    9:00 AM – 5:00 PM

    VENUE

    Asian Banking School

    This programme serves to improve the participants’ competency and capabilities in handling the credit function in banks and financial institutions. It provides the relevant aspects of banking law necessary for every officer and manager in credit departments and branches.

    LEARNING LEVEL

    Intermediate

    PROGRAMME FEE

    AICB MEMBER

    MYR

    2,200*

    / PAX

    NON-MEMBER

    MYR

    2,700*

    / PAX

    *Subject to 6% Service Tax

  • Objectives & Outline
    LEARNING OBJECTIVES
    By the end of the programme, participants will be able to:

    • Be aware of the importance of the law and securities, with an emphasis on documentation, credit administration and recovery processes
    • Gain essential knowledge on the law of securities, land law, company law, debentures, hire-purchase and other securities relevant to credit officers and managers.
    • Know and understand the laws and processes involved in loan recovery and insolvencies (including bankruptcies and company liquidations)


    PROGRAMME OUTLINE

    Introduction to Bank Lending

    • Legal issues and aspects of bank lending
    • Why laws relating to lending and securities are important
    • Importance of the documentation proces
    • Legal considerations on credit administration, settlement and recovery

    Securities and Credit Support
    • Importance of securities documentation
    • Types of securities
    • Methods of taking the securities
    • Persons from whom securities are taken

    Land as Security
    • Malaysian land law in general – NLC, SLC and SLO
    • Registration and indefeasibility
    • Alienation of land; freehold and leasehold lands; forms of titles and interests over land
    • Register document of title and issue document of title
    • Charges
    • Liens
    • Caveats
    • Documentation procedure

    Workshop on Securities and Land Law

    The Companies Act 2016 and Debentures as Security
    • Companies Act 2016 provisions affecting documentation (including provisions on constitution, execution of documents, common seal and resolutions)
    • Definition and nature of a debenture
    • Preliminary considerations before accepting debentures
    • Fixed and floating charges
    • Legal documentation of the debenture
    • Enforcement of debentures

    Other Securities and Guarantees
    • Fixed deposits and credit balances
    • Miscellaneous securities
    • Legal aspects and documentation on guarantees

    Loan Recovery and Insolvency
    • Civil procedure in general – litigation
    • Recovery of secured debts - debts secured by Charges, Assignments and Liens; debentures; assets under hire-purchase; fixed deposits, etc
    • Recovery of unsecured debts
    • Modes of enforcement of judgements
    • Insolvency: winding up and bankruptcy – the Companies Act 2016 and the Insolvency Act provisions (including 2017 amendments to the Bankruptcy Act)

    Workshop on Companies Act 2016: Loan recovery (litigation and enforcement of judgements) and insolvency


  • Methodology

    Pre and post-course tests, lectures, group discussions and presentations

  • Participant Profile
    Credit officers and managers in the frontline and backroom, marketing, credit processing, head office and branches including legal, compliance, risk management and audit departments
  • Trainer

    datin lee mei pheng

    Datin Dr Lee Mei Pheng is a senior partner, banking law consultant and practitioner at Detta Samen & Co Advocates, one of the most established law firms in Sarawak. She is an Advocate and Solicitor of the High Court in Malaya and an Advocate of the High Court in Sabah and Sarawak. She is also a Fellow of the Law Faculty at University of Malaya.

    She had previously served at OCBC Bank in Malaysia as Head of the Legal department and Assistant Vice President of the Kuching Branch in Sarawak for ten years and since 1984, been a leading consultant and lecturer for international financial institutions and large corporations. She is also a course director for Euromoney Training in Hong Kong. Her other professional contributions include being a consultant, commissioned author, editorial reviewer and specialist for LexisNexis, AICB and Oxford publications, an external assessor for business and company Law at Wawasan Open University, Penang and author of many publications.

    Datin Dr Lee holds a Doctor of Philosophy (Laws) from the University of Liverpool, England, specialising in Banking and Finance Law, with her PHD research on banking fraud. She also holds an LLB First Class Honours degree from the University of Malaya. She resides on the Gold Coast, Australia and since 2000, has been an Adjunct Associate Professor with the Faculty of Law at Bond University, Queensland, Australia. She is a Fellow of the Financial Services Institute of Australasia and Tim Fischer Centre for Global Trade and Finance, as well as a Member of the Law Advisory Board, Bond University, Australia. She is also an Associate Fellow of the Institute of Bankers, Malaysia (now known as Asian Institute of Chartered Bankers or AICB).


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