The Personal Guarantee Form is a crucial document in Malta's financial and commercial landscape, commonly used when additional security is required for loans, credit facilities, or other financial obligations. It serves as a legally binding commitment where a guarantor agrees to fulfill the financial obligations of a principal debtor if they default. The document must comply with Malta's Civil Code (Chapter 16) requirements, particularly Articles 1925-1963 governing suretyship. It typically includes specific details about the guaranteed obligations, the extent of liability, enforcement provisions, and the guarantor's acknowledgments and warranties. The form is especially relevant in commercial lending, property transactions, and business financing, where creditors seek additional security for their exposure. Personal guarantees are particularly common in small to medium-sized business arrangements where corporate principals personally guarantee their company's obligations.
Personal Guarantee Form for Malta
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Key Requirements PROMPT example:
Personal Guarantee Form
"I need a Personal Guarantee Form under Maltese law for a director guaranteeing their company's €500,000 business loan from MaltaBank plc, with the guarantee limited to 75% of the outstanding loan amount."
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1. Parties: Identification of the Guarantor, Creditor, and Principal Debtor
2. Background: Context of the guarantee, including reference to the principal debt or obligation being guaranteed
3. Definitions: Key terms used throughout the guarantee, including 'Guaranteed Obligations', 'Principal Debt', 'Security', etc.
4. Guarantee and Indemnity: Core guarantee provisions, including the scope and nature of the guarantee obligations
5. Extent of Liability: Clear statement of the maximum amount guaranteed and any limitations
6. Duration: Term of the guarantee and conditions for termination
7. Nature of Guarantee: Specification that this is a continuing security and binding as a principal obligation
8. Guarantor's Representations and Warranties: Confirmations regarding capacity, understanding, and authority to enter into the guarantee
9. Payment Provisions: Terms regarding manner and timing of payments under the guarantee
10. Enforcement: Circumstances and process for enforcing the guarantee
11. Notices: Communication requirements and contact details
12. Governing Law and Jurisdiction: Confirmation of Maltese law governance and jurisdiction
1. Joint and Several Liability: Required when there are multiple guarantors
2. Independent Legal Advice: Confirmation section when the guarantor has received independent legal advice - recommended for high-value guarantees
3. Security: Details of any additional security provided to support the guarantee
4. Currency Provisions: Required when the guarantee involves foreign currency obligations
5. Corporate Authority: Required when the guarantor is a corporate entity
6. Subordination: Required when the guarantee needs to be ranked in relation to other securities or obligations
7. Financial Covenants: Required when specific financial conditions need to be maintained by the guarantor
1. Principal Agreement: Copy or details of the main agreement or debt being guaranteed
2. Guaranteed Obligations: Detailed description of the obligations covered by the guarantee
3. Payment Schedule: If applicable, schedule of payments or financial obligations
4. Form of Demand: Template for making a formal demand under the guarantee
5. Legal Capacity Evidence: Documents evidencing the guarantor's legal capacity and authority
Authors
Relevant legal definitions
Agreement
Business Day
Creditor
Default
Default Interest Rate
Demand
Effective Date
Enforcement Event
Event of Default
Guaranteed Obligations
Guarantor
Indebtedness
Interest
Liability
Maximum Guaranteed Amount
Parties
Payment Date
Principal Agreement
Principal Debtor
Principal Obligations
Recovery Expenses
Secured Obligations
Security
Security Period
Taxes
Term
Underlying Agreement
Working Day
Business Day
Creditor
Default
Default Interest Rate
Demand
Effective Date
Enforcement Event
Event of Default
Guaranteed Obligations
Guarantor
Indebtedness
Interest
Liability
Maximum Guaranteed Amount
Parties
Payment Date
Principal Agreement
Principal Debtor
Principal Obligations
Recovery Expenses
Secured Obligations
Security
Security Period
Taxes
Term
Underlying Agreement
Working Day
Clauses
Guarantee and Indemnity
Scope of Guarantee
Duration
Payment Obligations
Limitation of Liability
Representations and Warranties
Continuing Security
Enforcement
Default
Interest
Costs and Expenses
Assignment and Transfer
Waiver of Defenses
Demand Requirements
Discharge and Release
Set-off Rights
Currency Provisions
Notices
Severability
Amendment and Variation
Entire Agreement
Third Party Rights
Counterparts
Governing Law
Jurisdiction
Scope of Guarantee
Duration
Payment Obligations
Limitation of Liability
Representations and Warranties
Continuing Security
Enforcement
Default
Interest
Costs and Expenses
Assignment and Transfer
Waiver of Defenses
Demand Requirements
Discharge and Release
Set-off Rights
Currency Provisions
Notices
Severability
Amendment and Variation
Entire Agreement
Third Party Rights
Counterparts
Governing Law
Jurisdiction
Relevant Industries
Banking
Financial Services
Real Estate
Construction
Commercial Lending
Retail
Manufacturing
Import/Export
Professional Services
Hospitality
Relevant Teams
Legal
Credit Risk
Compliance
Commercial Banking
Corporate Banking
Business Development
Underwriting
Contract Administration
Company Secretariat
Finance
Relevant Roles
Credit Manager
Risk Officer
Legal Counsel
Compliance Officer
Commercial Banking Manager
Relationship Manager
Credit Analyst
Legal Director
Corporate Lawyer
Financial Controller
Business Development Manager
Underwriter
Loan Officer
Contract Administrator
Company Secretary
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