Guarantee Agreement For Loan for Malaysia

Guarantee Agreement For Loan Template for Malaysia

A comprehensive legal document governed by Malaysian law that establishes a guarantee relationship where one party (the guarantor) agrees to be responsible for the debt obligations of another party (the borrower) to a third party (the lender). The agreement is structured under Malaysian legal framework, particularly the Contracts Act 1950 and Financial Services Act 2013, and includes detailed provisions for the scope of guarantee, payment obligations, enforcement mechanisms, and remedies available to the lender. It serves as a risk mitigation tool for lenders while establishing clear obligations and rights for all parties involved.

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What is a Guarantee Agreement For Loan?

The Guarantee Agreement For Loan is a crucial document in Malaysian banking and finance practice, typically used when a lender requires additional security beyond the borrower's own covenant. This agreement becomes necessary in various scenarios, such as when a parent company guarantees a subsidiary's loans, when individual directors guarantee corporate borrowing, or in project finance structures. The document must comply with Malaysian legal requirements, particularly the Contracts Act 1950 and Financial Services Act 2013, and should be properly stamped under the Stamp Act 1949 to be admissible in Malaysian courts. It contains comprehensive provisions covering the nature and extent of the guarantee, enforcement mechanisms, representations and warranties, and the circumstances under which the guarantee can be discharged.

What sections should be included in a Guarantee Agreement For Loan?

1. Parties: Identifies the Guarantor, the Lender (Bank/Financial Institution), and the Borrower whose obligations are being guaranteed

2. Background: Describes the underlying loan agreement and explains why the guarantee is being provided

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Guarantee and Indemnity: Core section establishing the guarantee obligations, scope of guarantee, and indemnification provisions

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

6. Representations and Warranties: Guarantor's confirmations about their capacity, authority, and financial status

7. Guarantor's Covenants: Ongoing obligations of the Guarantor including financial covenants and information requirements

8. Payments: Terms for how and when payments must be made under the guarantee

9. Preservation of Rights: Lender's rights preservation and ability to pursue multiple remedies

10. Discharge and Release: Conditions under which the guarantee obligations will be discharged

11. Notices: Communication requirements and contact details for formal notices

12. Governing Law and Jurisdiction: Confirms Malaysian law governance and jurisdiction for disputes

13. Miscellaneous: Standard boilerplate provisions including severability, amendments, and counterparts

What sections are optional to include in a Guarantee Agreement For Loan?

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

2. Change of Guarantor: Include when there's possibility of guarantor substitution or additional guarantors

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

4. Assignment and Transfer: Include when rights under the guarantee may need to be assigned

5. Currency Indemnity: Include for guarantees involving foreign currency obligations

6. Tax Gross-Up: Include when tax implications need to be addressed explicitly

7. Islamic Banking Provisions: Include when the guarantee relates to Islamic banking facilities

What schedules should be included in a Guarantee Agreement For Loan?

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

2. Guaranteed Obligations: Detailed description of the underlying loan agreement and guaranteed amounts

3. Security Assets: List and details of any assets provided as security (if applicable)

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

5. Specimen Signatures: Authorized signatures of the Guarantor

6. Notice Details: Detailed contact information for all parties for serving notices

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Financing Agreement

Cost

Free to use
Relevant Industries

Banking

Financial Services

Real Estate

Construction

Manufacturing

Retail

Hospitality

Healthcare

Education

Agriculture

Technology

Infrastructure

Small and Medium Enterprises

Relevant Teams

Legal

Finance

Risk Management

Treasury

Compliance

Corporate Secretarial

Credit Administration

Corporate Finance

Banking Operations

Executive Management

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Risk Manager

Credit Manager

Banking Relationship Manager

Treasury Manager

Company Secretary

Compliance Officer

Financial Controller

Corporate Finance Manager

Legal Director

Managing Director

Chief Executive Officer

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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