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Personal Guaranty Agreement Template for Nigeria

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Key Requirements PROMPT example:

Personal Guaranty Agreement

"I need a Personal Guaranty Agreement under Nigerian law for a corporate director providing a personal guarantee for a 5-year business loan of 50 million Naira to be issued by FirstBank Nigeria on March 15, 2025."

Document background
The Personal Guaranty Agreement is a critical legal instrument in Nigerian commercial and financial transactions, typically used when a creditor requires additional security beyond the principal debtor's covenant. This document is essential in situations where the principal debtor's creditworthiness alone is insufficient to secure financing or where regulatory requirements mandate additional security. The agreement must comply with Nigerian contract law, including the Statute of Frauds requirements for written guarantees, and typically includes detailed provisions on the scope of guaranteed obligations, enforcement mechanisms, and the guarantor's rights and obligations. It's commonly used in business loans, property leases, and commercial contracts where personal or corporate guarantees are required to support the primary obligation.
Suggested Sections

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

2. Background: Explains the context of the guarantee, including reference to the underlying 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 detailing the guarantee obligations, including the scope and nature of the guarantee

5. Extent of Guarantor's Liability: Specifies the maximum amount guaranteed and any limitations on the guarantor's liability

6. Duration and Continuity: Establishes the time period of the guarantee and circumstances under which it remains valid

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

8. Payment Provisions: Details how and when payments must be made under the guarantee

9. Default and Enforcement: Specifies what constitutes default and the creditor's rights of enforcement

10. Costs and Expenses: Allocation of costs related to the preparation and enforcement of the guarantee

11. Governing Law and Jurisdiction: Confirms Nigerian law as governing law and specifies jurisdiction for disputes

Optional Sections

1. Security Provisions: Include when the guarantee is secured by specific assets or property

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

3. Assignment and Transfer: Include when the creditor may need to transfer rights under the guarantee

4. Tax Gross-Up: Include when payments under the guarantee may be subject to withholding tax

5. Currency Provisions: Required when the underlying debt is in a different currency from the guarantee

6. Financial Covenants: Include when ongoing financial requirements are imposed on the guarantor

7. Independent Legal Advice: Include when the guarantor is an individual or there's significant disparity in bargaining power

Suggested Schedules

1. Schedule 1 - Details of Underlying Debt: Detailed description of the principal debt or obligation being guaranteed

2. Schedule 2 - Payment Terms: Specific payment obligations, including amounts, dates, and methods of payment

3. Schedule 3 - Guarantor Information: Detailed information about the guarantor including assets and financial status

4. Schedule 4 - Forms of Notice: Standard forms for any notices required under the agreement

5. Appendix A - Deed of Accession: Form for additional guarantors to join the agreement 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




























Clauses


























Relevant Industries

Banking and Financial Services

Real Estate

Commercial Lending

Retail

Manufacturing

Construction

Import/Export

Small and Medium Enterprises

Professional Services

Agriculture

Relevant Teams

Legal

Credit Risk

Commercial Lending

Compliance

Finance

Operations

Collections and Recovery

Business Development

Corporate Secretariat

Relevant Roles

Credit Manager

Risk Officer

Legal Counsel

Commercial Lending Officer

Relationship Manager

Credit Analyst

Collections Manager

Compliance Officer

Contract Administrator

Chief Financial Officer

Business Development Manager

Corporate Secretary

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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