Loan Surety Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

Loan Surety Agreement

"I need a Loan Surety Agreement under Saudi law where ABC Construction Company acts as guarantor for XYZ Developers' 20 million SAR construction loan, with the guarantee period running until March 2025 and including specific provisions for progress-based disbursement."

Document background
The Loan Surety Agreement is a critical document in Saudi Arabian commercial and financial transactions, used when a third party provides additional security for a loan by guaranteeing the borrower's obligations. This document is essential in situations where lenders require extra assurance beyond the borrower's primary commitment, particularly in large commercial transactions or when dealing with new borrowers. The agreement must strictly comply with Sharia principles and Saudi Arabian law, including the Banking Control Law and SAMA regulations. It typically includes detailed provisions about the scope of the guarantee, enforcement mechanisms, and the rights and obligations of all parties involved. The document is particularly important in the Saudi context due to the unique requirements of Islamic finance and local commercial practices, requiring careful consideration of both religious and legal compliance.
Suggested Sections

1. Parties: Identifies the Creditor, Principal Debtor, and Guarantor with full legal names and addresses

2. Background: Describes the underlying loan agreement and the context for the surety arrangement

3. Definitions: Defines key terms used throughout the agreement, including 'Guaranteed Obligations', 'Security Period', and 'Event of Default'

4. Guarantee and Indemnity: Core section establishing the guarantee obligations and scope of the surety

5. Nature of Guarantee: Specifies that the guarantee is Sharia-compliant and details whether it is conditional or unconditional

6. Guarantor's Representations and Warranties: Statements of fact and assurances given by the Guarantor regarding their capacity and authority

7. Preservation of Rights: Provisions maintaining the Creditor's rights in various circumstances

8. Payments: Details of how and when payments under the guarantee should be made

9. Costs and Expenses: Allocation of costs related to the preparation and enforcement of the guarantee

10. Duration and Release: Terms regarding the duration of the guarantee and conditions for release

11. Communications: Procedures for notices and other communications between parties

12. Governing Law and Jurisdiction: Confirms Saudi law as governing law and specifies jurisdiction for disputes

Optional Sections

1. Multiple Guarantors: Additional provisions required when there is more than one guarantor, defining joint and several liability

2. Security Interest: Used when the guarantee is secured by specific assets or collateral

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

4. Assignment and Transfer: Included when parties want to allow for potential transfer of rights under the guarantee

5. Sharia Board Approval: Required when the agreement needs explicit Sharia compliance certification

6. Tax Provisions: Included when tax implications need to be specifically addressed

7. Limited Recourse: Used when the guarantee is to be limited to specific assets or amounts

Suggested Schedules

1. Schedule 1 - Form of Demand: Standard form for making a demand under the guarantee

2. Schedule 2 - Underlying Loan Agreement: Copy or key terms of the primary loan agreement being guaranteed

3. Schedule 3 - Guarantor's Assets: List of relevant assets of the Guarantor (if applicable)

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

5. Appendix A - Sharia Compliance Certificate: If required, certification from relevant Sharia board or scholar

6. Appendix B - Corporate Authorizations: Copies of relevant corporate approvals and authorizations

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

Islamic Finance

Financial Services

Real Estate

Construction

Manufacturing

Trading

Commercial Services

Infrastructure

Energy

Healthcare

Relevant Teams

Legal

Finance

Risk Management

Compliance

Islamic Banking

Corporate Banking

Credit

Treasury

Operations

Company Secretariat

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Compliance Officer

Risk Manager

Islamic Finance Specialist

Corporate Lawyer

Banking Operations Manager

Credit Risk Officer

Treasury Manager

Contracts Manager

Company Secretary

Sharia Compliance Officer

Senior Loan 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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