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Agreement Of Personal Guaranty Template for Malaysia

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Key Requirements PROMPT example:

Agreement Of Personal Guaranty

"I need an Agreement of Personal Guaranty to secure a business loan of RM 500,000 from Bank Negara Finance to my startup company, with me as the personal guarantor, ensuring the agreement complies with Malaysian banking regulations."

Document background
The Agreement of Personal Guaranty is a crucial legal instrument in Malaysian business and financial transactions, commonly used when a creditor requires additional security for extending credit or loans. This document, governed by Malaysian law, particularly the Contracts Act 1950 and related legislation, establishes a legally binding commitment from an individual guarantor to fulfill the financial obligations of a principal debtor if they fail to do so. The agreement is particularly relevant in situations involving business loans, property purchases, or commercial credit arrangements where the primary borrower's creditworthiness alone may not satisfy the lender's requirements. The document typically includes comprehensive details about the guaranteed obligations, enforcement mechanisms, and the specific circumstances under which the guarantee can be called upon, all structured to comply with Malaysian legal requirements and business practices.
Suggested Sections

1. Parties: Identifies the Guarantor(s), Creditor, and Principal Debtor with their full legal names and addresses

2. Background: Sets out the context of the guarantee, including details of the principal debt or obligation being guaranteed

3. Definitions: Defines key terms used throughout the agreement including 'Guaranteed Obligations', 'Security', and 'Event of Default'

4. Guarantee and Indemnity: Core section detailing the guarantee obligations, including the scope and nature of the guarantee

5. Representations and Warranties: Guarantor's confirmations regarding their capacity and authority to enter into the guarantee

6. Continuing Security: Establishes that the guarantee is continuing and covers all present and future obligations

7. Payment Mechanics: Details how and when payments must be made under the guarantee

8. Enforcement: Specifies when and how the guarantee can be enforced

9. Discharge and Release: Conditions under which the guarantor may be released from obligations

10. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction

Optional Sections

1. Multiple Guarantors: Required when there is more than one guarantor, defining joint and several liability

2. Security Arrangements: Needed when specific assets are pledged as additional security for the guarantee

3. Interest and Costs: Detailed provisions about interest charges and recovery costs, if applicable

4. Assignment and Transfer: Required if the rights under the guarantee may be assigned or transferred

5. Limited Recourse: Used when the guarantee is limited to specific assets or amounts

6. Subordination: Required when the guarantee needs to be subordinated to other obligations

Suggested Schedules

1. Schedule 1 - Principal Agreement: Details of the main agreement or debt being guaranteed

2. Schedule 2 - Guaranteed Obligations: Detailed description of all obligations covered by the guarantee

3. Schedule 3 - Security Details: Description of any security or collateral provided (if applicable)

4. Schedule 4 - Form of Demand: Standard form for making demands under the guarantee

5. Appendix A - Financial Statements: Recent financial statements or net worth statement of the Guarantor (if required)

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
























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Relevant Industries

Banking

Financial Services

Real Estate

Construction

Manufacturing

Retail

Commercial Lending

Small Business

Corporate Finance

Investment

Property Development

Relevant Teams

Legal

Finance

Credit Risk

Compliance

Commercial Banking

Corporate Finance

Credit Administration

Risk Management

Banking Operations

Relevant Roles

Credit Manager

Risk Officer

Legal Counsel

Finance Director

Banking Officer

Loan Officer

Compliance Officer

Credit Analyst

Corporate Lawyer

Financial Controller

Commercial Director

Chief Financial Officer

Credit Risk Manager

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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