The Guarantor Agreement For Loan is a fundamental security document in Malaysian lending practices, essential for situations where additional security is required beyond the borrower's own covenant. This agreement is commonly used in both commercial and personal lending, where the lender requires extra assurance of loan repayment through a third party's guarantee. The document must comply with Malaysian law, particularly the Contracts Act 1950 and Financial Services Act 2013, and includes detailed provisions on the guarantor's obligations, enforcement rights, and remedies. It can be adapted for both conventional and Islamic banking structures and is particularly crucial in scenarios involving substantial loans, corporate borrowing, or where the primary borrower has limited credit history. The agreement typically includes comprehensive details about the underlying loan, the guaranteed obligations, and the circumstances under which the guarantee can be enforced.
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1. Parties: Identifies the Lender, Borrower, and Guarantor with full legal names and addresses
2. Background: Explains the context of the loan agreement and the purpose of the guarantee
3. Definitions: Defines key terms used throughout the agreement
4. Guarantee and Indemnity: Core section detailing the guarantee obligations and indemnity provisions
5. Scope of Guarantee: Defines the extent and limitations of the guarantee
6. Continuing Security: Establishes that the guarantee remains in force until all secured obligations are discharged
7. Guarantor's Representations and Warranties: Statements of fact and assurances given by the guarantor
8. Payments: Details of how and when payments should be made under the guarantee
9. Interest: Provisions for interest on guaranteed amounts
10. Enforcement: Lender's rights and procedures for enforcing the guarantee
11. Demands and Notices: Procedures for making demands and giving notices under the guarantee
12. Assignment and Transfer: Rules regarding the transfer or assignment of rights under the guarantee
13. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and jurisdiction for disputes
1. Security: Include when the guarantee is supported by specific assets or collateral
2. Joint and Several Liability: Required when there are multiple guarantors
3. Islamic Banking Compliance: Include for Shariah-compliant guarantee arrangements
4. Cross Default: Include when the guarantee should trigger defaults under other agreements
5. Currency Provisions: Include when the loan and guarantee involve foreign currency
6. Tax Provisions: Include when specific tax implications need to be addressed
7. Corporate Guarantor Provisions: Include when the guarantor is a company rather than an individual
1. Schedule 1 - Loan Agreement Details: Details of the underlying loan agreement being guaranteed
2. Schedule 2 - Guaranteed Obligations: Specific breakdown of the obligations covered by the guarantee
3. Schedule 3 - Security Details: Description of any security or collateral provided under the guarantee
4. Schedule 4 - Demand Form: Template form for making demands under the guarantee
5. Appendix A - Guarantor's Statement of Net Worth: Financial statement of the guarantor's assets and liabilities
6. Appendix B - Corporate Authority Documents: Required corporate authorizations if guarantor is a company
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate and Property Development
Commercial Lending
Islamic Banking
Small and Medium Enterprises (SMEs)
Corporate Finance
Retail Banking
Manufacturing
Construction
Trading and Distribution
Relevant Teams
Legal
Credit Risk
Compliance
Corporate Banking
Retail Banking
Documentation
Islamic Banking
Risk Management
Operations
Business Development
Relevant Roles
Credit Manager
Loan Officer
Legal Counsel
Risk Manager
Compliance Officer
Banking Manager
Corporate Finance Manager
Credit Analyst
Relationship Manager
Documentation Specialist
Islamic Banking Officer
Chief Risk Officer
Head of Legal
Commercial Banking Director
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