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Aziz Mohamed

PARTNER | LL.B (HONS) IIUM

Aziz Mohamed does not need any introduction in banking & corporate litigation field. His vast experience in handling banking dispute ranging from simple debt recovery to complicated rehabilitation of abandoned housing project, has made him well-equipped with all relevant laws. He graduated from International Islamic University Malaysia in 2003 and was called to the Bar on 10th December 2004.

He was a Partner and Head of Banking Litigation Department at Messrs Zulpadli & Edham. With 19 years of experience, he spearheads commercial, banking and corporate litigation matters at the Firm.

Key Practice Areas

  • Commercial & Corporate Recovery
  • Banking Litigation
  • Islamic Finance
  • Conveyancing

Professional Qualification & Membership

  • Advocate & Solicitor of the High Court Malaya

Career Highlight

BANKING

  • Conducted successful hearing for Summary Judgment at the High Court and Court of Appeal level involving Bai-Bithamin Ajil and Bai' Inah facility. The novel issue is whether the financing transaction was tainted with illegality (the sale price provided in the Asset Sale Agreement is argued to be incorrect) when there was a proviso stated the Sale Price can be amended in accordance with Base Financing Rate applicable at the time of disbursement
    Bank Kerjasama Rakyat Malaysia Berhad v. Brampton Holding Sdn Bhd (2015) 4 CLJ 635
    Bank Kerjasama Rakyat Malaysia Berhad v. Tenggara Muhibbah
  • Conducted successful trial against a developer who has abandoned its project. The issue involved is whether the developer had breached letter of undertaking issued to the Bank when the project is abandoned
    Bank Kerjasama Rakyat Malaysia Berhad & Oth v. Shah Alam Utama Sdn Bhd & Anor
  • Well experienced in handling recovery of debt involving civil action until judgment relating to housing loan, personal loan, term loan, overdraft facility, credit card facility, hire purchase, SME facility, unit trust financing, Islamic loan facility, bridging loan etc
  • Advised Bank Islam Malaysia Berhad (BIMB) on the revision of Al-Ansar SME Financing Al-ljarah Thummah Al-Bai (AITAB) legal and security documents including the Facility Agreement, Debenture/Deed of Assignment/Sale/Contract Proceeds and Deed of Guarantee to ensure compliance with Shariah Advisory Council for Islamic Banking and Takaful Bank Negara Malaysia and Islamic Financial Services Act 2013
  • Restructuring financing documentation on Ijarah product (AITAB & IMBT) for Bank Islam Malaysia Berhad (BIMB) to comply with Bank Negara Malaysia (BNM) policies
  • Well experienced in handling contested foreclosure proceedings for assigned or charged properties involving Registry Title or Land Office Title and all other contested execution proceedings
  • Instrumental in preparing legal documentation for rehabilitated abandoned housing project such as deed of assignment between the previous developer and new developer, power of attorney, novation agreement between the previous developer and the new developer and letter of authorisation to disburse from the purchaser to the end financier
  • Advised and lead the drafting team on preparing the Rent To Own (RTO) scheme for Perbadanan Usahawan Nasional Berhad (PUNB)

CORPORATE & COMMERCIAL

  • Drafting Share Sale Agreement (SSA) and Shareholder Agreement for transfer of shares involving oil & gas companies and public listed companies
  • Advised Permodalan Usahawan Nasional Berhad (PUNB) on the issuance of micro loans to SME under the Tawarruq Facility (Non-Revolving/Revolving Option) including drafting and finalising the facility agreement, Debenture, Deed of Assignment, Murabahah Contract and Deed of Guarantee
  • Handling all sorts of conveyancing & corporate documentations ranging from sale & purchase agreement, perfection of transfer and charge, to complicated share sale agreement and due diligence exercise

TALK & TRAINING

  • Speaker, "Bankruptcy Proceeding"
    organised by Bank Kerjasama Rakyat Malaysia Berhad (BKRM)
  • Speaker, "Training on Credit & Loan Processing Legal Mechanics"
    organised by Bank Kerjasama Rakyat Malaysia Berhad (BKRM)
  • Speaker, "Civil & Foreclosure Proceeding"
    organised by Bank Simpanan Nasional (BSN)
  • Speaker, "Hire Purchase: Procedures & Legal Consequences"
    organised by Angkatan Koperasi Kebangsaan Malaysia Berhad
  • Speaker, "Legal Issues & Legal Documentations for Service Agreement"
    organised by Bank Kerjasama Rakyat Malaysia Berhad (BKRM)
  • Speaker, "Recovery & Execution of Judgment"
    organised by Bank Kerjasama Rakyat Malaysia Berhad (BKRM)
  • Speaker, "Latihan Amalan Hartanah"
    organised by Bank Kerjasama Rakyat Malaysia Berhad (BKRM)
  • • Speaker, "Legal Framework for Debt Recovery"
    organised by Bank Kerjasama Rakyat Malaysia Berhad (BKRM)