Guarantor Declaration Form

Guarantor Declaration Form Template for Malaysia

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Key Requirements PROMPT example:

"I need a Guarantor Declaration Form for use in Malaysia where my father will be guaranteeing my home loan of RM500,000 from ABC Bank, with the guarantee period starting from March 2025; the form needs to include provisions for secured property as he's offering his shop lot as additional security."

Document background

The Guarantor Declaration Form is a crucial document in Malaysian banking and financial transactions, required whenever a third party agrees to guarantee the obligations of a borrower. This document, governed by Malaysian law including the Contracts Act 1950 and Financial Services Act 2013, serves multiple purposes: it confirms the guarantor's understanding of their obligations, establishes their financial capacity to provide the guarantee, and documents their voluntary undertaking of the guarantee obligation. The form is particularly important in protecting both the creditor's interests and the guarantor's rights, as it creates a clear record of the guarantor's informed consent and understanding of their obligations. It typically requires proper witnessing and may need to be stamped in accordance with the Stamp Act 1949 to be admissible in Malaysian courts.

Suggested Sections

1. Guarantor's Personal Details: Full legal name, identification details, address, and contact information of the guarantor

2. Primary Debtor Details: Identity of the primary debtor and their relationship to the guarantor

3. Primary Debt Information: Details of the debt or facility being guaranteed, including amount and terms

4. Scope of Guarantee: Clear statement of the extent and nature of the guarantee being provided

5. Guarantor's Declarations: Express declarations regarding understanding of obligations, voluntary nature of guarantee, and financial capacity

6. Independent Legal Advice: Confirmation that the guarantor has received or had the opportunity to receive independent legal advice

7. Financial Status Declaration: Declaration of current financial position, assets, and liabilities

8. Execution: Signature section with witness requirements and attestation

Optional Sections

1. Security Details: Used when the guarantee is secured against specific assets of the guarantor

2. Multiple Guarantors: Additional section for cases involving more than one guarantor, defining joint and several liability

3. Specific Limitations: When the guarantee is limited in amount or scope

4. Corporate Guarantor Provisions: Additional declarations required when the guarantor is a company rather than an individual

5. Spousal Consent: Required when the guarantor is married and the guarantee affects matrimonial assets

Suggested Schedules

1. Schedule 1 - Primary Facility Details: Detailed breakdown of the primary debt or facility being guaranteed

2. Schedule 2 - Guarantor's Asset Declaration: List of guarantor's assets and their current values

3. Schedule 3 - Required Documents: List of supporting documents to be attached to the declaration

4. Appendix A - Witness Attestation Form: Standard form for witness details and signatures

5. Appendix B - Legal Advice Certificate: Certificate from legal advisor confirming independent advice provided

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Banking and Financial Services

Real Estate

Commercial Lending

Property Development

Small and Medium Enterprises

Corporate Finance

Retail Banking

Mortgage Services

Asset Finance

Business Services

Relevant Teams

Legal

Risk Management

Compliance

Credit Administration

Corporate Banking

Retail Banking

Documentation

Operations

Customer Service

Underwriting

Relevant Roles

Credit Officer

Loan Officer

Legal Counsel

Risk Manager

Compliance Officer

Banking Relationship Manager

Corporate Banking Manager

Credit Risk Analyst

Legal Documentation Specialist

Financial Services Manager

Mortgage Specialist

Commercial Banking Officer

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Let's create your Guarantor Declaration Form

Authors

Alex Denne

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