LEE & CHONG

Advocates & Solicitors • Peguambela & Peguamcara

_______________________________________________________________________________________________
Partners
Lee Teck Hock Au Yong Hin Wai Irene E. Tan C2-3A-6
Barrister-at-law (Lincoln’s Inn) Certificate in Legal Practice Barrister-at-law (Lincoln’s Inn)
LL.B (Hons) Leicester LL.B (Hons) Wolverhampton LL.B (Hons) Aberystwyth Solaris Dutamas
No.1 Jalan Dutamas 1
50480 Kuala Lumpur
Senior Associate Malaysia
Nur Hartini bt. Mansor
LL.B (Hons) IIU Tel: +603 6205 3111
Fax: +603 6205 3666
Email: enquiry@lee-chong.com
Associates
Farah Azwani bt. Badly Nur Hedayah bt. Mohd Zuki Cindy Wong Xin Tian Business Hours: 9:00 am to 5:00 pm
LL.B (Hons) UUM LL.B (Hons) MMU Certificate in Legal Practice (Monday to Friday)
LL.B (Hons) Aberystwyth

PURCHASED FROM DEVELOPER / VENDOR / REFINANCING - PROPERTY WITH/WITHOUT

INDIVIDUAL TITLE
FORMAT 1 : ADVICE RELEASE OF REDEMPTION SUM/CONFIRMATION [FOR CONVENTIONAL
BANKING FACILITIES & ISLAMIC FINANCING FACILITIES] – (i) For payment up to redemption sum
only or (ii) One time advice

Date : 20.10.2022 *HLB/HLISB’s Ref : UTA/MG/2021/L0052907

Our Ref : C/3987/21/mg/HLB-Ava/PuahLW(IT)fb/sa

HONG LEONG BANK BERHAD

(Company NO.:193401000023 (97141-X))
PFS-Klang Valley Mortgage Centre
Level 3, Tower A, PJ City Development, 15A Jalan 219
Section 51A
46100 Petaling Jaya, Selangor

Dear Sirs,

Purchaser : Puah Li Wei (NRIC No.: 880312-56-5296) & Tan Fu You (NRIC No.: 860222-43-5801);
Borrower : Puah Li Wei (NRIC No.: 880312-56-5296);
Facilities : RM 727,967-00 (Inclusive MRTT of RM 15,967-00);
Developer : Mega Legacy (M) Sdn Bhd (Company No: 199401018743 (304422-K));
Property : One (1) unit of Service Apartment known as Parcel No.: B-15-12, Storey No. 15, Type E
measuring approximately 119.4 square meters in area together with with accessory parcel
identified as Carpark No(s). G-41 & G-42 and two (2) unit of Air-Condition Ledge No.:
ACC1-B-15-12 and ACC2-B-15-12 in a housing development known as Residensi Alam
Vista Aman (“AVA”) which forms parts and parcel of the leasehold land under Master
Title HSD 119300, PT 26690, Mukim Batu, Tempat Taman Putra Jinjang Utara, Daerah
Kuala Lumpur, Negeri Wilayah Persekutuan Kuala Lumpur

A. SEARCHES Enclosed O/S N/A

The following searches have been conducted and results enclosed :-
1. Where the *Borrower(s)/ Customer(s)/ Security Party(ies)/ Vendor(s) are
individuals:-
Confirmation from the Official Assignee/Receiver that the following parties
1.1 are not bankrupt(s)/wound-up :-
 (a) *Borrower(s)/Customer(s) as at : 20.10.2022 /

Enclosed O/S N/A

(b) Chargor(s)/Assignor(s) as at : 20.10.2022 /
(c) Guarantor(s) as at : - /
(d) Depositor(s)/ Other(s)…Developer… as at : 26.09.2022 /

2. Where the *Borrower(s)/Customer(s)/ Security Party(ies)/Vendor(s) are

sole-proprietorships/firms/companies/societies:-

2.1 Searches at the Companies Commission of Malaysia (“CCM”) and/or

Registrar of Business on the following reveal that they are validly registered,
there are no debentures/ charge over the subject property/other asset taken as
security and there is nothing adverse noted against any of them :-
(a) *Borrower/Customer as at : /
(b) Chargor as at : /
(c) Guarantor/Assignor/Others ……………… as at : /
(d) Vendor as at : /

Charge No(s)………………….. is/are the debenture(s) created in favour of /

……………………… Enclosed herewith the letter of exclusion dated
………..

2.2 The respective Memorandum & Articles of Association/Bye-Laws (in the

case of societies) of the parties below empowers :-

(a) the *Borrower/Customer to *borrow/obtain the facilities and /

provide the securities required;
(b) the Chargor/Assignor to charge their assets to secure the *Borrower’s/ /
Customer’s indebtedness;
(c) the Guarantor to guarantee the *Borrower’s/Customer’s indebtedness; /
(d) the Depositor/Assignor to charge their deposits to secure the *Borrower’s /
/Customer’s indebtedness;
(e) the Vendor to sell the Property to the Chargor(s)/Assignor(s).
/

2.3 The respective Board Resolutions from the following parties have been
obtained and are in order:-

(a) the *Borrower/Customer dated : /

(b) the Chargor/Assignor dated : /
(c) the Guarantor(s)/Depositor(s) dated : /
(d) the Vendor dated : /

2.4 The Company Secretary/Director(s) of the following parties have certified

copies of the following forms on the respective dates stated therein as the
latest/current forms :-
(a) the *Borrower/Customer – Certificate of Incorporation, Forms 24, 44 /
and 49;
(b) the Chargor /Assignor– Certificate of Incorporation, Forms 24, 44 and /
49;
(c) the Guarantor/Depositor/Others – Certificate of Incorporation, Forms 24, /

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 44 and 49;
(d) The Vendor – Certificate of Incorporation, Forms 24, 44 and 49. /
3. Land Searches Enclosed O/S N/A

3.1 Land search has been conducted on the * Master Title / Individual Title /
Strata title prior to/post presentation of the * Private Caveat / Charge and :-

(a) The subject property is * free from encumbrances / charge created in

favour of HONG LEONG BANK BERHAD (Company No.:
193401000023 (97141-X)); /

“Kindly be updated that the Developer has on 09.06.2020 made an

application to the PTGKL for the conversion of land use and the same
has been duly approved by PTGKL on 24.07.2020 (a copy of the Letter of
Approval is attached herewith for your easy reference). Pursuant to the
Letter of Approval, the PTGKL has approved the category and
expressed condition of the Master Title Land to the terms as follows: -
 
“ Kategori Kegunaan Tanah: Bangunan”
“ Syara Nyata: Tanah ini hendaklah digunakan hanya untuk tujuan tapak
perdagangan (kedai/pejabat) sahaja..”
 
We have received the Developer’s 1st Progressive Billings for Stage 2(b)
and proceeded to conduct an Official Land Search on the Master Title
Land on the same day. Towards this, we have sighted the Private Land
Search conducted on 12.10.2022. 

The Official Land Search shows all is in order save for the category and
expressed condition of Master Title Land duly approved by the PTGKL
is yet to be reflected in the same. Upon consultation with the PTGKL, we
were informed the PTGKL require time to update the Land Office
system and the official Letter of Approval issued and endorsed by the
PTGKL is sufficient confirmation reflecting their approval. They merely
need time to update their system. 

Apart from the aforesaid, nothing else is outstanding. The documents as

attached are also in order. 

As soon as the above-mentioned approved category and condition of land

use in the Master Title Land is updated in the PTGKL system and thus
reflected in the Official Land Search, we undertake to immediately
furnish you the updated Official Land Search for your easy reference
and kind record. 

As everything is now in order, we look forward to your early and

expeditious disbursements accordingly.

(b) * there is/are * private / lienholder’s / other caveat(s) lodged :

Presn No.:………….. Jil: …………Fol:………. Dated : ………….. /
Remarks: ………..

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 (c) *presentation of caveat(s) / charge has been completed with following /
details:
Presn No.:……………. Jil: ………………Fol: Dated :

(d) where there are restrictions on the Individual Title / Strata title, the /
following have been obtained from the relevant land/state authority &
enclosed :-

(i) the consent to transfer in favour of the Chargor(s); /

(ii) the consent to charge in favour of the Bank; /
(iii) the approval for acquisition. /

B. LETTERS OF CONFIRMATION & UNDERTAKINGS

1. The following letters in favour of the Bank have been obtained and are in
order & enclosed :-

1.1 The * Developer’s and/or Registered Proprietor’s letter(s) dated 07.10.2021

undertake :-
(a) to deliver the individual title and duly executed memorandum of transfer /
(“MOT”) in favour of the Chargor(s)/Assignor(s) and documents
required for the registration of the title in favour of the Chargor(s)/
Assignor(s) free from encumbrances (if available) to the Bank/Bank’s
documentation solicitor;
(b) to refund the amount released in the event :-
(i) the MOT cannot be registered in favour the Chargor(s); /
(ii) if the project is abandoned for whatever reason; /
/
(iii) if the certificate of fitness for occupation or the certificate of
completion and compliance (whichever is applicable) is not issued for
any reason whatsoever.
(c) not to further encumber the master title without bank’s consent or /
undertake to obtain letter of disclaimer from the bridging financier.

1.2 The * Vendor’s letter dated …………….. undertake to refund the amount
released in the event the MOT cannot be registered in favour of the /
Chargor(s) or Deed of Assignment (by way of transfer) cannot be perfected.

1.3 The *Purchaser(s) Solicitor’s or Vendor(s) Solicitor’s confirmation and/or

undertaking:

a) that the Deed of Receipt and Reassignment [R&R] has been executed by /
the Vendor and deposited with the Purchaser(s) Solicitor or Vendor(s)
Solicitor; and
b) to deliver the duly stamped R&R to the developer; and /

1.4 The Purchaser’s Solicitors’ confirmation and/ or undertaking dated

09.07.2021: -
a) that the estimated stamp duty for the *Deed of Assignment/MOT has /
been collected;

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 b) that the MOT has been submitted for adjudication (only applicable where /
individual titles have been issued);

c) to deliver the duly executed *Deed of Assignment/MOT when

adjudicated and stamped, registration fee together with documents /
necessary to effect the transfer in favour of the Purchaser(s)/
*Borrower(s)/Customer(s) to the Bank/Bank’s documentation solicitor.
d) to deliver upon stamping, the duly stamped Deed of Assignment in /
favour of the Purchaser(s) to the developer;

1.5 the *Developer’s/Vendor’s/Purchaser’s Solicitor’s/Vendor’s Solicitor’s /

confirmation that the differential sum between the total purchase price of the
subject property and Facilities have been settled dated 07.10.2021;

1.6 the * Financier’s/ confirmation or other documentary evidence acceptable to /

the Bank that the differential sum between the redemption sum of the subject
property and Facilities have been settled.
Redemption Sum Shortfall : RM

1.7 For property without individual title

(a) Under HDA

(i) Notice of assignment in favour of the Purchaser(s) acknowledged /

receipt by the Developer and Proprietor (if any); or Undertaking by the
*Purchaser(s) Solicitor’s/Vendor(s) Solicitor’s to deliver the
acknowledgement to the Bank.
(ii) Notice of assignment in favour of the Bank acknowledged receipt by the /
Developer and Proprietor (if any); or Undertaking by the *Purchaser(s)
Solicitor’s/Vendor(s) Solicitor’s to deliver the acknowledgement to the
Bank.

(b) Under Non-HDA

/
(i) Letter of consent on assignment in favour of the Purchaser(s) from
*Developer/Vendor/Proprietor; or /
(ii) Letter of consent on assignment in favour of the Bank from the
*Developer/Vendor/Proprietor.

1.8 Statutory Declaration:

(i) For Facilities To Purchase Property For Owner Occupancy:-

Statutory declaration from the *Borrower(s)/Customer(s) that the subject /
property is for *owner occupied/own business use affirmed on
20.10.2022;

(ii) For Facilities To Purchase Property For [Bankruptcy Status]:-

Statutory declaration from the *Borrower(s)/Customer(s) that the subject /
property is for *owner occupied/own business use affirmed on :
20.10.2022;

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 Enclosed O/S N/A
(iii) For Requirement Under Relevant Stamp Duty (Exemption)/ (Remission) /
Orders
HOC Certificate (Certification No.:__________) on eligibility for Stamp
Duty Exemption (No.3) Order 2020 P.U. (A) 216/2020 dated _________

1.9 Where Guarantor(s) is/are individual(s) & the Facilities amount is

RM250,000 & below (pursuant to BNM’s Guidelines For Financial
Institutions Accepting Guarantee for Credit Facility dated 29/9/1995 &
26/5/2001) :-

(a) Appendix 1- *Borrower(s)’/Customer(s)’ Disclosure Letter to

Guarantor(s) dated ; /
(b) Appendix 2 – *Borrower(s)’/Customer(s)’ Consent Letter For Disclosure
to Bank dated……………….; /
(c) Appendix 3 – The Guarantor’s Rights & Liabilities to the Bank For
Credit Facilities Granted to an Individual (Guarantees for credit facilities /
not exceeding RM250,000-00) dated :………………..;
(d) Appendix 4 – Guarantor(s)’ Confirmation Letter to Bank on Receipt of /
Letter of Rights & Liabilities of Guarantor dated :……………...
(e) * Appendix 5 – Consent to grant further credit facilities exceeding
RM5,000-00.

Where there is :
C. (i) Bridging Financier / Master Chargee;
(ii) Existing Financier/Chargee/Assignee

1.1 (i) Bridging Financier/Master Chargee :

The Bridging Financier/Master Chargee’s : HONG LEONG BANK /
BERHAD (Company No.: 193401000023 (97141-X))

(a) Redemption Statement cum Undertaking/Disclaimer in favour of the /

bank dated : 08.10.2021
Redemption sum : RM293,964-00

(b) Undertaking to :-
(i) disclaim its interest over the subject property upon receipt of the /
Redemption Sum / confirmation that the Redemption Sum for the
subject property has been paid in full;

(ii) deliver the duly executed discharge of charge, individual title to the
subject property upon receipt of the Redemption Sum or upon /
issuance of the individual title;

iii) refund /
- all the progressive payment made towards the Redemption Sum
in the event of foreclosure proceeding;
- the Redemption Sum if the discharge of charge cannot be
registered for any reason * whatsoever / attributable to the /
Financier resulting in the non-registration of the charge in
favour of the Bank

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 Enclosed O/S N/A

1.2 (ii) Existing Financier/Chargee/Assignee : /

The existing Financier’s :-

(a) Redemption Statement cum Undertaking in favour of the Bank dated : /

Redemption sum : RM.

(b) Undertaking to :-
(i) For Property With Title /
- deliver the duly executed discharge of charge, individual title to
the subject property upon receipt of the Redemption Sum;
- refund the Redemption Sum if the discharge of charge cannot be /
registered for any reason *whatsoever / attributable to the
Financier resulting in the non-registration of the charge in
favour of the Bank

(ii) For Property Without Title

- deliver the duly executed Receipt & Reassignment, Principal /
Sale & Purchase Agreement and other documents relating to
rights to the subject property upon receipt of the Redemption
Sum;
- refund the Redemption Sum if the Receipt & Reassignment is
not enforceable for any reason * whatsoever / attributable to the /
existing Financier

D. DOCUMENTS

1. The following documents are in order and enclosed :-

(a) Original executed and stamped Sale & Purchase Agreement dated /
09.07.2021 (For the Property & Accessory Parcel/Car Park)
(b) Deed of Assignment between the Vendor and the Purchaser(s)/ /
*Borrower(s)/Customer(s) (For Property Without Title) dated :

(c) Copy of Quit Rent Receipt for the current Year : 2022 /
(d) Copy of Assessment for current half-year July – Dec Year 2022 (for /
completed property)
(e) Architect’s Certificate dated: 23.09.2022 /
Architect : SA Architects Sdn Bhd /
Stage of Progressive Release : Stage 2 (b) /
(f) A copy of Progressive Billings dated 30.09.2022 /
(g) Developer’s License & Advertising Permit No.is stipulated in Sales & /
Purchase Agreement
(h) Copy of the Developer’s Contractor All Risk Policy /
(i) Copy of Borrower’s IC /
(j) Letter of Acknowledgment dated 27.01.2022 /
(k) Letter of Consent & Indemnity dated 27.01.2022 /

2. Letter of Offer/Supplemental Letter of Offer, Facilities Agreement &

Security Documents
We confirm that the following security documents have been executed and

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 stamped or will be stamped within 30 days from the date of the relevant
document:-
Enclosed O/S N/A
(a) Letter of Offer dated: 10.05.2021; /

(b) Facilities Agreement dated 27.01.2022; /

(c) Original Title & Duplicate Charge dated: /
Presn. No. : …………….Jil No.: ……………….Fol No.: ……………
/
(d) Letter of Guarantee dated :
/
(e) *Letter of Set-off /Charge Over Cash Deposit dated :
/
(f) Deed of Assignment dated 27.01.2022:
(g) Power of Attorney dated 27.01.2022: High Court Presn. No: WA- /
SKW(IR)-52987-10/2022
(h) Assignment of Proceeds dated : /
(i) Withdrawal of Private Caveat by borrower(s) or other caveats (for /
Individual title). Presn. No…….. Jil: …………Fol.: ………….
(j) Proof/confirmation on verification of stamp duty paid on loan/
financing & security documents via online i.e. Semakan Pengesahan /
Penyeteman.
(k) Other security documents: ……………..

3. Where Redemption Sum is to be released (For Property With/Without

Individual Title) /
Lodged Private Caveat over the *Individual Title/ Master Title
Presn No. : Jil. : Fol : …… Dated :

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4. Where the Chargor/Assignor/other Security Parties are companies:-
The Form 34 lodged at CCM on ……………… against:-

(a) the Chargor/ Assignor; /

(b) the Depositor/ Others ………………… /

The Form 40 (Companies Act) will be extracted and delivered to you upon
issuance of the same by CCM.

5. Other documents (if any): The documents below have been reviewed by us
and are in order :-
* Power of Attorney empowering the attorney of the /
*Borrower(s)/Customer(s)/Security Party(ies) to execute the Sale &
Purchase Agreement.
* Power of Attorney empowering the attorney of the landowner to sell the /
property to the *Borrower(s)/Customer(s).

Please specify any other items :-

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 Enclosed O/S N/A

6. Other Confirmations/Conditions have been obtained/complied with :-

* Confirmation from * Developer / Management Corporation that all
maintenance/service charges for the subject property have been paid /
todate (for property held under strata title/without individual title).
* Developer’s HDA A/C No. 224-01-00196-7 /
* The Completion Date and the Extended Completion Date for the Sale & /
Purchase Agreement :

7. Where legal fee is financed / borne by the Bank:

(a) Financing of Legal Fee Package
Invoice No. ………………addressed to the Borrower(s)/Customer(s); /
with carbon copy to the Bank dated…………………...

* Payment by way of e-payment to account number

……………….maintained with…………..; or
Payment to be credited/remitted directly into the banking account
maintained with HLBB/HLISB as stated in the invoice.

(b) Easy Entry Package

Invoice …………….addressed to the Bank dated…………. /

* Payment to be credited/ remitted directly into the banking account

maintained with HLBB/HLISB as stated in the invoice.

E. LAWYER’S CONFIRMATION / LETTER ADVISING RELEASE

1. We confirm that :-

1.1 (a) the underlying sale and purchase transaction is valid and enforceable; and
(b) the underlying transaction and the financing and security arrangement are not in breach of any laws;
and

1.2 there are no encumbrances, liens or charges over the securities for the Facilities * save and except for:-
(i) the charge in favour of the existing chargee; and/or
(ii) the private caveat in favour of the Purchaser(s)/*Borrower(s)/Customer(s) or the Bank.

1.3 all of the conditions precedent for the release of the Facilities have been complied with save and except for
the following :-

(a) the registration of the Charge in your favour (applicable for encumbered property);
(b) payment of the processing fee;
(c) opening of a current account with you;
(d) execution of the standing instructions for payment of the Facilities;
(e) procurement of the insurance/MRTA/MRTT policies;
(f) receipt of the valuation report;

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1.4 Where Differential Sum Has Been Paid and Advising Release :-

Upon compliance with Items E 1.3, we advise that the Bank’s interest in the securities has been perfected
and it is in order to release the Facilities as follows :-

(a) in one lump sum/ progressively to the *Bridging Financier/ Master Chargee/ RM293,964-00
Existing Financier/ Chargee/ Assignee to redeem the above Property by way of e-
payment to account number PJCT – REDEMPTION COLLECTION
ACCOUNT through A/C NO. 182-00-01452-0 maintained with HONG LEONG
BANK BERHAD

(b) *to the Developer progressively against the relevant Architect’s Certificate to RM373,496-00
account number MEGA LEGACY (M) SDN BHD through HDA A/C No. 224-
01-00196-7 maintained with HONG LEONG ISLAMIC BANK BERHAD

(c) *to the Vendor / stakeholders by way of e-payment to account number to be RM44,540-00
confirmed maintained with to be confirmed bank;

(d) *to the *Borrower(s)/Customer(s) (if applicable) by crediting to Borrower(s)’/

Customer(s)’ CASA account number  ………. maintained with HLBB /HLISB.

Note: Please refer to attached confirmation/ instruction/ authorization in writing with

relevant details from the respective parties to remit payment by way of e-
payment or crediting to the CASA account maintained with HLBB /HLISB.

1.5 *Where the Facilities amount exceeding RM5 million :-

We confirm that the legal/security documentation including this advice to release the Facilities is personally
handled by a partner/legal assistant who has at least a minimum experience of 5 years in practice.

2. We undertake:-

(a) to refund to you the Facilities amount released in the event the Charge is not or cannot be registered or
if any of the security documents are not perfected or not enforceable for any reasons attributable to us
and we shall make good to the Bank in full such loss and damages;

(b) *to serve a copy of the duly stamped Deed of Assignment to the Developer upon stamping thereof and
forward the Notice of Assignment in favour of the bank duly acknowledged by the developer and
proprietor (if any) to the bank.

(c) *to deliver the registered Charge in favour of the Bank and original title (For Property With Title); or
Power of Attorney (For Property Without Individual Title) upon extraction from the *land office/ high
court to the Bank;

(d) *to deliver a stamped copy of the registered Charge and photocopy of the original title to the
*Borrower(s)/ Customer(s) and Chargor(s) and forward to the Bank documentary proof that the Charge
and photocopy of the original title were delivered to the *Borrower(s)/Customer(s) and Chargor(s).

(e) *to deliver the Facilities Agreement/ Letter of Offer/ Supplemental Letter of Offer to the Bank;

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Please acknowledge receipt.

Yours faithfully,

………………………………………………………………….
Name of Firm : MESSRS LEE & CHONG
Solicitor-In-Charge : NUR HEDAYAH BINTI MOHD ZUKI

KEY
O/S Outstanding Item
N/A Not Applicable
* Delete if not applicable.

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