Guarantee And Indemnity Form

Guarantee And Indemnity Form Template for Singapore

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Key Requirements PROMPT example:

"Need a Guarantee And Indemnity Form for our Singapore subsidiary to guarantee a S$5 million loan facility from DBS Bank to our Malaysian manufacturing operation, to be executed by March 2025."

Document background

The Guarantee And Indemnity Form is a crucial legal instrument in Singapore's commercial landscape, commonly used in financing transactions, property deals, and business arrangements. This document serves dual purposes: as a guarantee, it creates a secondary obligation where the Guarantor becomes liable upon the Principal Debtor's default; as an indemnity, it creates a primary obligation independent of the underlying transaction. The form must comply with Singapore's statutory requirements, including the Civil Law Act and Contracts Act, and typically includes detailed provisions on the scope of guaranteed obligations, enforcement mechanisms, and the Guarantor's rights and obligations.

Suggested Sections

1. Parties: Identification of the Guarantor, Principal Debtor, and Creditor

2. Background: Context of the underlying transaction and reason for guarantee

3. Definitions: Key terms used throughout the document including 'Guaranteed Obligations', 'Security', etc.

4. Guarantee and Indemnity: Core obligations of the guarantor, including both guarantee and indemnity provisions

5. Nature of Guarantee: Specification that the guarantee is continuing, unconditional and irrevocable

6. Preservation of Rights: Creditor's rights preservation and non-discharge provisions

7. Payments: Payment obligations, timing, and method

8. Representations and Warranties: Guarantor's representations regarding capacity and authority

9. Governing Law and Jurisdiction: Specification of Singapore law and courts' jurisdiction

Optional Sections

1. Security Provisions: Details of any security provided - used when guarantee is secured by assets

2. Additional Guarantor Provisions: Mechanism for adding additional guarantors - used when multiple or future guarantors are contemplated

3. Currency Provisions: Currency conversion and payment provisions - used when dealing with cross-border transactions

4. Assignment: Rights of assignment by parties - used when assignment rights are required

5. Joint and Several Liability: Provisions for multiple guarantors - used when there are multiple guarantors

Suggested Schedules

1. Form of Demand: Template for making demands under the guarantee

2. Guaranteed Obligations: Detailed description of the obligations being guaranteed

3. Security Details: Details of any security provided by the guarantor

4. Additional Guarantor Accession Deed: Form for adding new guarantors

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 Finance
Real Estate
Construction
Trade and Commerce
Manufacturing

Relevant Teams

Legal
Finance
Risk Management
Corporate Affairs
Treasury

Relevant Roles

Chief Financial Officer
Finance Director
Corporate Counsel
Risk Manager
Credit Manager
Company Director

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Let's create your Guarantee And Indemnity Form

Authors

Alex Denne

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