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Personal Guarantee Agreement
"I need a Personal Guarantee Agreement under Malaysian law for a company director who will guarantee a RM 2 million business loan to his SME manufacturing company, with the guarantee to take effect from March 1, 2025."
1. Parties: Identifies and defines the Guarantor, Principal Debtor (borrower), and Creditor with their full legal names and addresses
2. Background: Sets out the context of the guarantee, including reference to the principal debt or obligation being guaranteed
3. Definitions: Defines key terms used throughout the agreement, including 'Guaranteed Obligations', 'Event of Default', and other relevant terms
4. Guarantee and Indemnity: Core section establishing the guarantee obligations and indemnity provided by the guarantor
5. Scope of Guarantee: Defines the extent and limitations of the guarantee, including maximum liability if applicable
6. Duration and Enforcement: Specifies when and how long the guarantee remains in force and the conditions for enforcement
7. Guarantor's Representations and Warranties: Statements by the guarantor about their capacity and authority to provide the guarantee
8. Rights of the Creditor: Details the creditor's rights to enforce the guarantee and seek recovery
9. Continuing Security: Confirms the guarantee as a continuing security until all obligations are fulfilled
10. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and establishes jurisdiction for disputes
1. Multiple Guarantors: Required when there is more than one guarantor, defining joint and several liability
2. Security Provisions: Needed when the guarantee is secured by specific assets or collateral
3. Assignment and Transfer: Include when the rights under the guarantee may need to be assigned or transferred
4. Corporate Authority: Required when the guarantor is a company, including necessary corporate authorizations
5. Independent Legal Advice: Optional section confirming the guarantor has received independent legal advice
6. Currency Provisions: Required when the guaranteed obligations are in a foreign currency
7. Guarantee Limitation: Include when there are specific limitations on the guarantee amount or scope
1. Schedule 1 - Principal Agreement: Details of the main agreement or facility being guaranteed
2. Schedule 2 - Guaranteed Obligations: Detailed description of the obligations covered by the guarantee
3. Schedule 3 - Conditions Precedent: List of conditions that must be satisfied before the guarantee becomes effective
4. Schedule 4 - Form of Demand: Template for making a formal demand under the guarantee
5. Schedule 5 - Security Details: If applicable, details of any security provided in support of the guarantee
Authors
Banking and Financial Services
Real Estate
Commercial Lending
Corporate Finance
Small and Medium Enterprises
Construction
Manufacturing
Retail
Healthcare
Technology
Legal
Credit Risk
Commercial Banking
Corporate Finance
Compliance
Credit Administration
Business Development
Finance
Risk Management
Company Secretarial
Legal Counsel
Credit Risk Manager
Commercial Banking Officer
Corporate Finance Manager
Compliance Officer
Credit Analyst
Relationship Manager
Business Development Manager
Finance Director
Contract Administrator
Risk Assessment Officer
Company Secretary
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