Proforma checklist of documents for execution at signing and completion meetings in loan transactions

Drafting notes

This precedent checklist should be completed with details of each of the documents to be executed. It will be important to check:

  • that each of the parties to the documents are listed in the table;

  • whether the document being executed is to be executed as a simple contract or as a deed;

  • the authority of each signatory to execute the relevant documents; and

  • whether the document being executed is compliant with the fundamental principles of Islamic finance if dealing with Islamic banks.

It is important to note that this precedent does not consider the requirements of Islamic finance in accordance with Sharia law. Care should be given to ensure documentation is Sharia compliant throughout the completion of this checklist. For key details on Islamic finance, see Key Principles of Islamic Finance-United Arab Emirates.

At signing

Execution of finance documents

Name of document

Form of agreement

To be executed by or on behalf of

Signatories

Executed?

Facility agreement

Simple contract

insert name of borrower (the Borrower)

insert details of borrower's authorised signatories

insert name of lender (the Lender)

insert details of lender's signatory/signatories

Debenture

Deed