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Loan Guarantor Agreement Template for Singapore

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Key Requirements PROMPT example:

Loan Guarantor Agreement

"Need a Loan Guarantor Agreement under Singapore law for my company to guarantee a SGD 2 million business loan taken by our subsidiary, with the guarantee period starting from March 2025 and running for 5 years."

Document background
The Loan Guarantor Agreement is a crucial document in Singapore's lending landscape, typically used when additional security is required for a loan facility. It creates a legally binding commitment from a third party to assume responsibility for a borrower's debt obligations in case of default. This agreement must comply with Singapore's strict regulatory framework, including the Civil Law Act and Banking Act requirements. It's particularly important in commercial lending, property financing, and business loans where the primary borrower's creditworthiness needs enhancement. The agreement details the scope of the guarantee, enforcement mechanisms, and the guarantor's obligations while incorporating specific provisions required under Singapore law.
Suggested Sections

1. Parties: Identification of creditor, debtor, and guarantor with full details

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

3. Definitions: Key terms used throughout the agreement including definitions from relevant Singapore legislation

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

5. Scope of Guarantee: Extent and limitations of the guarantee, including compliance with Singapore banking regulations

6. Duration: Term of the guarantee and conditions for termination

7. Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and compliance with Singapore law

8. Enforcement: Creditor's rights and remedies under Singapore law

9. Governing Law and Jurisdiction: Explicit statement of Singapore law as governing law and jurisdiction of Singapore courts

Optional Sections

1. Security: Details of any collateral provided and registration requirements under Singapore law

2. Multiple Guarantors: Joint and several liability provisions for multiple guarantors

3. Currency Provisions: Exchange rate and currency considerations for cross-border transactions

4. Data Protection: Provisions relating to Personal Data Protection Act 2012 compliance

Suggested Schedules

1. Schedule 1 - Principal Agreement: Details of the underlying loan agreement

2. Schedule 2 - Guaranteed Obligations: Specific details of the obligations being guaranteed

3. Schedule 3 - Security Details: Description of any security provided (if applicable)

4. Appendix A - Form of Demand: Template for making demands under the guarantee

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






























Industries

Civil Law Act (Cap. 43): Primary legislation governing contracts and guarantees in Singapore, including requirements for written contracts and fundamental principles of guarantee agreements

Contracts Act (Cap. 53): Fundamental law governing contract formation, validity, and parties' rights and obligations in Singapore

Banking Act (Cap. 19): Regulatory framework for banking institutions in Singapore, including requirements for guarantees involving banks and financial institutions

Statute of Frauds: Legal principle requiring guarantees to be in writing and signed to be enforceable

Moneylenders Act (Cap. 188): Legislation governing moneylending activities in Singapore, including specific requirements for guarantees involving licensed moneylenders

Unfair Contract Terms Act (Cap. 396): Law regulating unfair terms in contracts, including limitations on exclusion clauses and protection of guarantor's rights

Consumer Protection (Fair Trading) Act: Legislation protecting consumer interests in transactions, applicable when the guarantee relates to consumer loans

MAS Guidelines: Regulatory guidelines issued by the Monetary Authority of Singapore affecting guarantees involving regulated financial institutions

Personal Data Protection Act 2012: Law governing the collection, use, and disclosure of personal data, including requirements for handling guarantor's personal information

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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