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Affidavit Of Guarantee for Saudi Arabia

Affidavit Of Guarantee Template for Saudi Arabia

A legal document governed by Saudi Arabian law and Shariah principles, where one party (the guarantor) formally pledges to assume responsibility for the financial obligations, debts, or performance obligations of another party (the principal debtor) to a third party (the beneficiary). The document must comply with both civil law requirements and Islamic principles, requiring proper authentication through Saudi notarial offices. It includes detailed specifications of the guarantee's scope, conditions, and enforcement mechanisms, while ensuring alignment with Saudi Arabia's legal framework and Shariah requirements regarding guarantees (Kafala).

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What is a Affidavit Of Guarantee?

The Affidavit of Guarantee is a fundamental legal instrument in Saudi Arabian business and financial transactions, serving as a formal declaration of financial or performance responsibility. This document is commonly used when one party needs to provide security for another's obligations, whether in commercial transactions, banking arrangements, or business dealings. The affidavit must strictly comply with Saudi Arabian law and Shariah principles, particularly regarding the concept of Kafala (guarantee) in Islamic law. It requires proper authentication through authorized channels and must include specific elements such as clear identification of all parties, explicit statement of obligations, and compliance with both civil and religious legal requirements. The document is particularly crucial in securing business transactions, obtaining financing, or providing security for contractual obligations within the Saudi Arabian jurisdiction.

What sections should be included in a Affidavit Of Guarantee?

1. Declaration and Identification: Formal opening stating this is an affidavit of guarantee, including the date and place of execution, and full identification of the guarantor including ID/Iqama number

2. Legal Capacity Statement: Declaration that the guarantor is of sound mind, legally competent, and acting under free will in accordance with Shariah law

3. Principal Debtor Details: Complete identification of the principal debtor and their obligations

4. Beneficiary Details: Full identification of the party in whose favor the guarantee is being made

5. Guarantee Scope: Detailed description of the obligations being guaranteed, including specific amounts and conditions

6. Duration of Guarantee: Clear statement of the time period for which the guarantee remains valid

7. Payment Terms: Specific conditions under which the guarantee becomes payable

8. Guarantor's Acknowledgment: Express confirmation of understanding the obligations and accepting liability

9. Governing Law Declaration: Statement confirming Saudi law and Shariah principles govern the guarantee

What sections are optional to include in a Affidavit Of Guarantee?

1. Counter Guarantee: Required when there is a secondary guarantor backing the primary guarantor's obligations

2. Corporate Authority: Required when the guarantor is a corporate entity, including corporate resolutions and authorizations

3. Collateral Details: Required when specific assets are pledged as security for the guarantee

4. Release Conditions: Optional section specifying conditions under which the guarantor may be released from obligations

5. Notice Requirements: Optional section detailing how and when notices must be given under the guarantee

What schedules should be included in a Affidavit Of Guarantee?

1. Schedule A - Guaranteed Obligations: Detailed breakdown of the specific obligations being guaranteed

2. Schedule B - Payment Schedule: If applicable, schedule of payments or obligations timeline

3. Schedule C - Asset Schedule: If collateral is involved, detailed list and description of pledged assets

4. Appendix 1 - Identity Documents: Copies of relevant identity documents of guarantor and principal debtor

5. Appendix 2 - Corporate Documents: If applicable, corporate authorizations and resolutions

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

Jurisdiction

Saudi Arabia

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Banking & Financial Services

Real Estate

Construction

Manufacturing

Trading & Commerce

Professional Services

Retail

Government & Public Sector

Islamic Banking

Small & Medium Enterprises

Relevant Teams

Legal

Finance

Compliance

Risk Management

Treasury

Commercial Operations

Credit Control

Corporate Governance

Islamic Banking

Business Development

Relevant Roles

Legal Counsel

Corporate Lawyer

Compliance Officer

Risk Manager

Finance Director

Chief Financial Officer

Contract Manager

Business Development Manager

Credit Manager

Company Secretary

Managing Director

Commercial Director

Islamic Banking Officer

Treasury 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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