Guaranty Form Template for Saudi Arabia

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Key Requirements PROMPT example:

Guaranty Form

"I need a Guaranty Form for my Saudi construction company to guarantee payment obligations of our subsidiary for a new development project, with a maximum guarantee amount of 5 million SAR and an expiry date of March 15, 2025."

Document background
The Guaranty Form is a crucial document in Saudi Arabian commercial and financial transactions, designed to provide security for various business arrangements while ensuring compliance with Islamic law principles. This document is commonly used in scenarios where additional security is required for financial obligations, such as bank loans, construction contracts, or commercial transactions. The Guaranty Form must strictly adhere to Saudi Arabian law and Sharia principles, particularly avoiding any interest-based elements that would contradict Islamic finance requirements. It contains detailed provisions specifying the scope of the guarantee, payment mechanisms, enforcement procedures, and dispute resolution methods. The document is essential for businesses operating in Saudi Arabia and must be carefully structured to ensure enforceability within the Saudi legal system while maintaining Sharia compliance.
Suggested Sections

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

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

3. Definitions: Key terms used throughout the guarantee, including 'Guaranteed Obligations', 'Security', and 'Event of Default'

4. Guarantee and Indemnity: Core guarantee provisions, scope of guaranteed obligations, and nature of guarantor's liability

5. Sharia Compliance Declaration: Express confirmation that the guarantee arrangement complies with Sharia principles

6. Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and ability to perform obligations

7. Payment Provisions: Terms for making payments under the guarantee, including currency and method

8. Duration and Release: Term of the guarantee and conditions for release of guarantor's obligations

9. Communications: Methods and addresses for notices and other communications

10. Governing Law and Jurisdiction: Confirmation of Saudi law application 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. Counter-Indemnity: Terms for guarantor's right of recourse against the principal debtor

4. Assignment and Transfer: Include if parties want to allow transfer of guarantee rights

5. Currency Provisions: Required for cross-border transactions involving multiple currencies

6. Costs and Expenses: Detailed provisions about who bears the costs of enforcement and maintenance

7. Limited Recourse: Include when guarantor's liability is to be limited to specific assets

Suggested Schedules

1. Schedule 1 - Guaranteed Obligations: Detailed description of the underlying obligations being guaranteed

2. Schedule 2 - Form of Demand: Template for making a formal demand under the guarantee

3. Schedule 3 - Security Assets: List and description of any assets securing the guarantee obligations

4. Appendix A - Required Documents: List of documents required for guarantee activation and claims

5. Appendix B - Authorized Signatories: List of persons authorized to make demands under the guarantee

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 & Financial Services

Construction & Infrastructure

Real Estate

Manufacturing

Trading & Commerce

Oil & Gas

Transportation & Logistics

Healthcare

Retail

Telecommunications

Relevant Teams

Legal

Finance

Risk Management

Compliance

Treasury

Commercial

Credit

Corporate Governance

Business Development

Islamic Banking

Relevant Roles

Legal Counsel

Corporate Lawyer

Finance Manager

Risk Manager

Commercial Director

Compliance Officer

Credit Manager

Treasury Manager

Contract Administrator

Chief Financial Officer

Managing Director

Islamic Finance Specialist

Business Development Manager

Company Secretary

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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