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Mode of Financing

Applicant's Appointment of the Bank as Agent

  • Subject to this application being approved by HSBC Amanah Malaysia Berhad ("the Bank"), I irrevocably appoint and authorise the Bank as my agent to buy on my behalf, Shariah compliant commodities from the Bank (as seller)
    • of such quantity not exceeding that which the Bank has purchased for itself through Bursa Suq Al-Sila' at the Cost Price (Facility Amount) based on the prevailing price quoted by Bursa Suq Al-Sila' on the relevant market day selected by the Bank;
    • at the Bank's Selling Price (Cost Price plus profit at the Profit Rate p.a.) payable to the Bank on deferred basis, in monthly instalments described in the Terms and the Approval Advice;
    • on an "as is where is" basis, without any representations or warranties from the Bank as to quality, condition, quantity and description, and without liability on the part of the Bank for any loss, damage or deterioration; and
    • to be held on my behalf as part of the Bank’s bulk holding of Shariah compliant commodities on behalf of customers, for the purpose of on-selling described below.
  • Subject to the passing of ownership of the Shariah compliant commodities to me in accordance with the trading rules of Bursa Suq Al-Sila', I irrevocably appoint and authorise the Bank as my sole and exclusive agent to sell my entire Shariah compliant commodities on my behalf through Bursa Suq Al-Sila' at the Cost Price (Facility Amount) and to pay the Cost Price (Facility Amount) to me in the manner stated in this application form.
  • In consideration of the Bank acting as my agent, I shall indemnify the Bank against all actions, claims, demands, liabilities, losses, damages, costs and expenses of whatever nature which the Bank may sustain or incur as a result of acting as my agent.

 

Applicant's Declaration

I hereby declare and confirm that I have fully disclosed all the information on my outstanding debt obligations, including both secured and unsecured financing obtained from all financial institutions and other non-bank entities that provide credit facilities (e.g. cooperatives, building societies, credit companies and merchants that provide credit sales) in this application form, and that all the information given in this application form is correct and complete and authorise HSBC Amanah Malaysia Berhad ("the Bank") to confirm this from any source the Bank may choose, including carrying out credit checks and obtaining credit reports and information on me from time to time, from Credit Bureau Malaysia and any other credit reporting agencies registered under the Credit Reporting Agencies Act 2010 (as listed on the Bank’s website at www.hsbcamanah.com.my), and to Credit Bureau Malaysia sourcing and retaining information on me from any available data source and disclosing to the Bank any such information as may be requested by the Bank. I understand that failure to provide full and correct material information that has a bearing on the Bank’s decision whether or not to approve this application, may lead to (i) rejection of this application or (ii) the Bank imposing a profit rate which is higher than that stated in this application form or (iii) termination of the Facility (if granted). I consent and agree that the Bank may disclose and process my information, for purposes as provided for in these Terms and Conditions for HSBC Amanah Personal Financing-i. If the financing tenure extends beyond my retirement age, I am aware of the importance of ensuring that I have sufficient funds to meet the monthly payments for this Facility after my retirement.

I hereby authorise:

  1. HSBC Amanah Malaysia Berhad ("HSBC Amanah") to set-off or apply any credit balance in my accounts maintained with HSBC Amanah against any outstanding balance under this Personal Financing-i Facility.
  2. HSBC Bank Malaysia Berhad ("HSBC Bank") to debit any or all of my account(s) to pay off and/or settle any outstanding amount due under this Personal Financing-i Facility to HSBC Amanah and in this respect, HSBC Amanah may liaise with HSBC Bank in connection therefor.

I further confirm that I am not (i) related/connected (i.e. as spouse, child or parent) to officers, directors, or shareholders of the Bank and the holding company of the Bank's parent company, The Hong Kong and Shanghai Banking Corporation Limited in compliance with Section 57 of the Islamic Financial Services Act 2013 ("IFSA") read with the Guidelines on Credit Transactions and Exposures with Connected Parties for Islamic Banks issued by Bank Negara Malaysia (BNM) (the "Restrictions") and also section 83 of the Banking Ordinance of Hong Kong Special Administrative Region, the law of the place in which the holding company of the Bank's parent company is located, or (ii) director(s) of any entity within the HSBC Group pursuant to Section 133 of the Companies Act 1965 (collectively, the "Prohibitions"). I represent and warrant to the Bank that that I (a) am not in any way connected to any of the officers, directors or shareholders of the Bank and/or the holding company of the Bank's parent company and (b) do not hold directorships within the meaning of the Restrictions and/or Prohibitions. I shall immediately inform the Bank if I become an individual so connected or prohibited under paragraphs (a) and/or (b). I further agree that it shall be an Event of Default in the event the Facility should at anytime, whether at the time of granting or after the time of granting, be in contravention of the Prohibitions. The Bank reserves the right to recall the Facility if it contravenes the Restrictions and/or Prohibitions. I understand that (i) the texts of the Prohibitions will be made available upon request; (ii) approval of the application is at the sole discretion of the Bank and the Bank reserves the right not to disclose or provide any reason if the application is unsuccessful; and (iii) it is a requirement by BNM that information relating to this application, whether successful or otherwise, must be updated to the Central Credit Reference Information System (CCRIS) database maintained by BNM. I have read and understood the Terms and Conditions of HSBC Amanah Personal Financing-i ("Terms") and make this application on those Terms (a copy being available for my retention). I acknowledge that acceptance of this application is complete upon the Bank crediting the approved Facility Amount (Cost Price) into my indicated account.

Explanatory Note: Please note that for the purposes of the IFSA, "officer" encompasses "any employee or the chief executive officer of the body corporate or unincorporated" and relative to an individual includes, "(a) the spouse of the individual; (b) the brother or sister of the individual, or of the spouse of the individual; (c) any lineal ascendant or descendant of the individual, or of the spouse of the individual; (d) the spouse of any individual referred to in paragraph (b) or (c); (e) any lineal descendant of an individual referred to in paragraph (b) or (d); (f) any uncle, aunt or cousin of the individual, or of the spouse of the individual; or (g) any spouse, or any lineal ascendant or descendant, of an individual referred to in paragraph (f)."

Any differences to the Facility Amount as applied for, and as finally approved, shall not effect the essence and the validity of the contract, and customer is deemed to have agreed to obtaining the financing for the amount as approved by the Bank.

Issued by HSBC Amanah Malaysia Berhad (Company No. 807705-X). HSBC Amanah Personal Financing‑i Terms & Conditions apply.