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Deed Of Guarantee And Indemnity Template for Pakistan

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Key Requirements PROMPT example:

Deed Of Guarantee And Indemnity

"I need a Deed of Guarantee and Indemnity under Pakistani law for three corporate guarantors who will jointly guarantee a PKR 50 million business loan being provided by ABC Bank Limited to XYZ Manufacturing Company, with the guarantee to become effective from March 1, 2025."

Document background
The Deed of Guarantee and Indemnity is a crucial security document widely used in Pakistani business and financial transactions. It serves as a risk mitigation tool where one party requires additional security for obligations owed by another. The document is particularly relevant in lending arrangements, property transactions, and commercial contracts where credit risk needs to be managed. Under Pakistani law, this deed creates two distinct obligations: a guarantee (contingent on the principal debtor's default) and an indemnity (a primary obligation independent of the underlying obligation). The document must comply with the Contract Act 1872, particularly sections 124-147 governing guarantees, and typically requires proper stamping and potentially registration depending on the nature and value of the guaranteed obligations. It is commonly used by banks, financial institutions, and businesses to secure various types of obligations, from loan repayments to performance obligations under commercial contracts.
Suggested Sections

1. Parties: Identifies and defines all parties to the deed - the Guarantor(s), the Beneficiary (creditor), and reference to the Principal Debtor

2. Background: Recitals explaining the context of the guarantee, including details of the primary obligation being guaranteed

3. Definitions and Interpretation: Defines key terms used throughout the deed and sets out interpretation principles

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

5. Indemnity: Sets out the indemnity obligations of the guarantor

6. Nature of Guarantee and Indemnity: Specifies whether the guarantee is continuing, unconditional, irrevocable, and/or joint and several

7. Preservation of Rights: Provisions ensuring the guarantee remains valid despite various changes or circumstances

8. Payments: Details about payment obligations, including timing, method, and currency

9. Representations and Warranties: Guarantor's confirmations about their capacity and authority to enter into the deed

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

11. Notices: Process and requirements for giving notices under the deed

12. Governing Law and Jurisdiction: Confirms Pakistani law as governing law and specifies jurisdiction for disputes

Optional Sections

1. Security: Include when the guarantee is supported by specific security arrangements

2. Currency Indemnity: Include for cross-border transactions involving foreign currency

3. Tax Gross-up: Include when tax implications need to be addressed explicitly

4. Joint and Several Liability: Include when there are multiple guarantors

5. Assignment and Transfer: Include when rights under the guarantee may need to be transferred

6. Power of Attorney: Include when the beneficiary needs specific powers to act on behalf of the guarantor

7. Islamic Finance Compliance: Include when the guarantee needs to comply with Islamic finance principles

Suggested Schedules

1. Primary Obligation Details: Details of the primary facility or obligation being guaranteed

2. Guarantor Information: Detailed information about the guarantor(s) including address and contact details

3. Guaranteed Obligations: Detailed list or description of the obligations covered by the guarantee

4. Form of Demand: Template for making a demand under the guarantee

5. Security Details: If applicable, details of any security provided to support the guarantee

6. Conditions Precedent: List of documents and conditions required before the guarantee becomes effective

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 and Financial Services

Real Estate and Construction

Manufacturing

Trading and Commerce

Infrastructure Development

Telecommunications

Energy and Utilities

Professional Services

Healthcare

Education

Relevant Teams

Legal

Finance

Risk Management

Compliance

Treasury

Commercial

Credit

Corporate Secretarial

Documentation

Operations

Relevant Roles

Legal Counsel

Finance Manager

Credit Risk Officer

Relationship Manager

Commercial Director

Chief Financial Officer

Compliance Officer

Corporate Secretary

Treasury Manager

Contract Manager

Security Documentation Officer

Risk Assessment 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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