Deed Of Guarantee Template for Saudi Arabia

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Key Requirements PROMPT example:

Deeds Of Guarantee

"I need a Deed of Guarantee under Saudi law for a construction project in Riyadh, where our parent company will guarantee the performance obligations of our subsidiary as the main contractor for a government infrastructure project starting March 2025."

Document background
Deeds of Guarantee are essential instruments in Saudi Arabian commercial transactions, providing security and assurance in business relationships while adhering to Islamic principles. These documents are commonly used in various scenarios including project financing, commercial leases, construction contracts, and general business transactions. A Deed of Guarantee must be carefully structured to ensure compliance with both Saudi commercial law and Shariah requirements, making it particularly important to include appropriate Islamic finance concepts and terminology. The document serves as a binding commitment where the guarantor assumes responsibility for the principal debtor's obligations, subject to specific conditions and limitations. Given Saudi Arabia's unique legal framework, these guarantees must be drafted to be enforceable in Saudi courts while maintaining their commercial efficacy.
Suggested Sections

1. Parties: Identification of the Guarantor, Principal Debtor, and Beneficiary with full legal names and addresses

2. Background: Context of the guarantee, including reference to the primary obligation and relationship between parties

3. Definitions: Key terms used in the deed, including Arabic legal and Islamic finance terminology where relevant

4. Guarantee and Indemnity: Core provisions setting out the guarantee obligations, including the scope and limits of the guarantee

5. Consideration: Statement of consideration in Shariah-compliant terms

6. Primary Obligations: Details of the underlying obligations being guaranteed

7. Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and Shariah compliance

8. Payment Provisions: Terms for making payments under the guarantee, ensuring Shariah-compliant mechanisms

9. Enforcement: Rights and procedures for enforcing the guarantee under Saudi law

10. Duration and Release: Term of the guarantee and conditions for its termination or release

11. Governing Law and Jurisdiction: Confirmation of Saudi law governance and jurisdiction of Saudi courts

Optional Sections

1. Security Provisions: Include when the guarantee is secured by specific assets or collateral

2. Multiple Guarantors: Additional provisions required when there is more than one guarantor

3. Currency Provisions: Required when the guarantee involves obligations in multiple currencies

4. Step-In Rights: Optional provisions allowing the guarantor to step into the position of the principal debtor

5. Third Party Rights: Provisions addressing the rights of third parties, if relevant to the transaction

6. Shariah Board Approval: Section documenting Shariah board approval when required for specific transactions

Suggested Schedules

1. Primary Obligation Details: Details of the underlying obligation being guaranteed, including payment terms and conditions

2. Form of Demand: Prescribed form for making a demand under the guarantee

3. Security Details: Description of any security or collateral provided (if applicable)

4. Shariah Structure Diagram: Visual representation of the guarantee structure showing Shariah-compliant arrangement

5. Required Notices: Forms of notices and communications required under the guarantee

6. Power of Attorney: Form of power of attorney if required for enforcement purposes

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

Relevant legal definitions
Clauses
Relevant Industries

Banking and Finance

Construction

Real Estate

Manufacturing

Trading and Commerce

Infrastructure Development

Energy and Resources

Telecommunications

Healthcare

Education

Relevant Teams

Legal

Finance

Compliance

Risk Management

Treasury

Commercial Operations

Islamic Banking

Corporate Secretariat

Business Development

Credit Control

Relevant Roles

Legal Counsel

Corporate Lawyer

Finance Manager

Credit Risk Manager

Commercial Director

Compliance Officer

Contract Manager

Chief Legal Officer

Treasury Manager

Business Development Manager

Company Secretary

Islamic Finance Specialist

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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