The Contract of Indemnity and Guarantee serves as a crucial risk management tool in South African commercial and financial transactions. This document is typically used when one party needs to provide financial security or assurance to another, either by guaranteeing performance/payment or providing indemnification against potential losses. Common scenarios include parent company guarantees, financial institution security arrangements, or personal guarantees in business transactions. The document must comply with South African legal requirements, including the General Law Amendment Act's provision that guarantees must be in writing and signed. It includes detailed sections covering the scope of obligations, trigger events, claim procedures, and enforcement mechanisms, providing comprehensive protection for all parties involved while ensuring clarity and certainty in their respective obligations.
Your data doesn't train Genie's AI
You keep IP ownership of your information
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
OR
Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc
1. Parties: Identification of all parties involved - the Indemnifier/Guarantor, the Beneficiary, and the Principal Debtor
2. Background: Context of the guarantee/indemnity, including the underlying transaction or obligation being guaranteed
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Guarantee and Indemnity: Detailed description of what is being guaranteed or indemnified against
5. Nature and Extent of Obligations: Clear statement of the guarantor's/indemnifier's obligations and the maximum liability amount
6. Duration: Term of the guarantee/indemnity, including start date and expiry conditions
7. Trigger Events: Events that will activate the guarantee or indemnity obligations
8. Payment Terms: Terms and conditions for making payments under the guarantee/indemnity
9. Representations and Warranties: Statements of fact and assurances given by the parties
10. Rights and Remedies: Legal rights and remedies available to the parties
11. Notices: Process and requirements for formal communications between parties
12. Governing Law and Jurisdiction: Specification of South African law as governing law and jurisdiction for disputes
13. General Provisions: Standard contractual provisions including severability, entire agreement, and amendments
1. Security Provisions: Include when additional security is provided to support the guarantee/indemnity
2. Multiple Guarantors: Include when there is more than one guarantor, defining joint and several liability
3. Corporate Authority: Include when any party is a corporate entity, confirming authority to enter into the agreement
4. Assignment and Transfer: Include when rights under the guarantee/indemnity may need to be transferable
5. Counter-Indemnity: Include when the principal debtor provides indemnity to the guarantor
6. Currency Provisions: Include when payments may be made in multiple currencies
7. Step-In Rights: Include when the guarantor has rights to take over the principal debtor's position
8. Insurance Requirements: Include when specific insurance coverage is required
1. Schedule 1 - Guaranteed Obligations: Detailed list of the specific obligations being guaranteed
2. Schedule 2 - Form of Demand: Template for making a formal demand under the guarantee/indemnity
3. Schedule 3 - Security Details: Details of any security provided in support of the guarantee/indemnity
4. Schedule 4 - Payment Procedures: Detailed procedures for making and processing payments
5. Schedule 5 - Corporate Information: Corporate information and resolutions of the parties where relevant
6. Appendix A - Underlying Agreement: Copy or summary of the main agreement being guaranteed
7. Appendix B - Compliance Documents: Required compliance and regulatory documents
Relevant legal definitions
Agreement
Applicable Law
Beneficiary
Business Day
Claim
Commencement Date
Demand
Default Event
Default Interest Rate
Effective Date
Encumbrance
Event of Default
Expiry Date
Financial Indebtedness
Guarantee
Guarantee Period
Guaranteed Obligations
Guarantor
Indemnified Party
Indemnifier
Indemnity
Liabilities
Loss
Material Adverse Change
Maximum Liability Amount
Notice
Obligations
Parent Company
Parties
Payment Date
Principal Debtor
Principal Agreement
Related Party
Security
Security Interest
Signature Date
Subsidiary
Termination Date
Trigger Event
Underlying Agreement
Valid Claim
Writing
Applicable Law
Beneficiary
Business Day
Claim
Commencement Date
Demand
Default Event
Default Interest Rate
Effective Date
Encumbrance
Event of Default
Expiry Date
Financial Indebtedness
Guarantee
Guarantee Period
Guaranteed Obligations
Guarantor
Indemnified Party
Indemnifier
Indemnity
Liabilities
Loss
Material Adverse Change
Maximum Liability Amount
Notice
Obligations
Parent Company
Parties
Payment Date
Principal Debtor
Principal Agreement
Related Party
Security
Security Interest
Signature Date
Subsidiary
Termination Date
Trigger Event
Underlying Agreement
Valid Claim
Writing
Clauses
Parties and Definitions
Interpretation
Duration
Guarantee Obligations
Indemnity Obligations
Payment Terms
Default
Security
Representations and Warranties
Undertakings
Demand Procedures
Enforcement
Assignment
Severability
Waiver
Confidentiality
Force Majeure
Termination
Notices
Costs and Expenses
Dispute Resolution
Governing Law
Amendment
Entire Agreement
Counterparts
Independent Legal Advice
Authority
Survival
Third Party Rights
Time of Essence
Interpretation
Duration
Guarantee Obligations
Indemnity Obligations
Payment Terms
Default
Security
Representations and Warranties
Undertakings
Demand Procedures
Enforcement
Assignment
Severability
Waiver
Confidentiality
Force Majeure
Termination
Notices
Costs and Expenses
Dispute Resolution
Governing Law
Amendment
Entire Agreement
Counterparts
Independent Legal Advice
Authority
Survival
Third Party Rights
Time of Essence
Relevant Industries
Banking and Financial Services
Construction and Infrastructure
Real Estate
Manufacturing
Mining and Resources
Retail and Commerce
Technology and Communications
Professional Services
Energy and Utilities
Transportation and Logistics
Relevant Teams
Legal
Finance
Risk Management
Treasury
Compliance
Commercial
Corporate Secretariat
Credit Control
Operations
Business Development
Relevant Roles
Chief Financial Officer
Legal Counsel
Risk Manager
Commercial Director
Treasury Manager
Contract Manager
Company Secretary
Financial Director
Credit Manager
Compliance Officer
Corporate Finance Manager
Business Development Director
Operations Director
Managing Director
Chief Executive Officer
Find the exact document you need
Common Agreement
A standard contractual framework under South African law that establishes fundamental terms and conditions for business relationships.
find out more
Bilateral Contract
A South African law-compliant bilateral contract establishing mutual obligations between two parties with enforceable terms and conditions.
find out more
Basic Ordering Agreement
A South African law-governed framework agreement establishing terms and conditions for future orders between parties.
find out more
Consignment Agreement Form
A South African legal document establishing terms for consignment sales arrangements, where goods ownership remains with the supplier until final sale.
find out more
Contract Agreement Form
A versatile Contract Agreement Form template compliant with South African law, suitable for various commercial relationships and business arrangements.
find out more
Written Agreement
A formal legal document governed by South African law that establishes contractual relationships between parties, defining their rights and obligations.
find out more
Side Agreement
A South African law-governed supplementary agreement that modifies or adds to an existing main agreement while maintaining its core structure.
find out more
Incorporation Agreement
A South African law-governed agreement establishing a new company's structure, governance, and shareholder relationships under the Companies Act 71 of 2008.
find out more
Formal Agreement
A legally binding agreement governed by South African law that formalizes relationships between parties, ensuring compliance with local legislation and establishing clear terms and obligations.
find out more
Casual Worker Contract
A South African-compliant casual worker employment contract establishing terms and conditions for temporary employment relationships.
find out more
Business Transfer Agreement
A South African law-governed agreement for the transfer of a business as a going concern, including assets, employees, and liabilities.
find out more
Boilerplate Agreement
A standard agreement template compliant with South African law, providing essential contractual framework for business relationships.
find out more
Amended Contract
A South African law-governed document that formally modifies terms and conditions of an existing contract while maintaining its validity.
find out more
Tooling Agreement
A South African law-governed agreement establishing terms for industrial tool design, manufacture, supply, and maintenance, compliant with local manufacturing and safety regulations.
find out more
Service Agreement Terms And Conditions
South African service agreement terms and conditions document establishing the legal framework for service provision between providers and clients.
find out more
Representation Agreement
A South African law-governed agreement establishing the terms and conditions under which a Representative may act on behalf of a Principal.
find out more
Common Terms Agreement
A master agreement under South African law that establishes common terms across multiple facility agreements in syndicated lending arrangements.
find out more
Buyer Agency Agreement
A South African legal agreement establishing an estate agent's authority to represent a buyer in property transactions, governed by local real estate laws.
find out more
Labour Contract Copy
A South African employment agreement establishing terms and conditions of employment in compliance with local labor laws.
find out more
Employee Agreement Form
A South African law-compliant employment agreement establishing terms and conditions between employer and employee.
find out more
Statement Of Agreement
A formal document under South African law recording mutual understanding and agreed terms between parties, serving as a binding record of arrangements and commitments.
find out more
Rent In Exchange For Services Agreement
A South African law-governed agreement establishing terms for accommodation provided in exchange for specified services.
find out more
Contractual Agreement
A legally binding Contractual Agreement template compliant with South African law and commercial practices.
find out more
Security Agreement Form
A South African law-governed agreement creating security interests over assets, detailing the security arrangements and enforcement rights between a security provider and secured party.
find out more
Business Cooperation Agreement
A South African law-governed agreement establishing terms and conditions for business collaboration between multiple parties.
find out more
Employee Training Reimbursement Agreement
A South African law-compliant agreement setting out terms for employer-funded training and employee reimbursement obligations.
find out more
Terms Of Business Agreement
A South African law-governed agreement establishing core business terms and conditions between service providers and clients.
find out more
Contract Of Indemnity And Guarantee
A South African law-governed agreement establishing guarantee and indemnity obligations, defining terms for financial security and risk mitigation between parties.
find out more
Intent To Purchase Agreement
A South African legal document expressing formal intention to purchase property or assets, outlining preliminary terms and conditions for the proposed transaction.
find out more
Professional Services Retainer Agreement
A South African law-governed agreement establishing terms for ongoing professional services delivery under a retainer arrangement.
find out more
Supply Contract Form
A South African law-governed agreement establishing terms and conditions for the regular supply of goods or services between supplier and purchaser.
find out more
Business Contract
South African business contract template incorporating key legislative requirements and commercial terms for business-to-business relationships.
find out more
Umbrella Agreement
A South African law-governed master agreement establishing framework terms for future specific agreements between parties.
find out more
Share Purchase Agreement
A South African law-governed agreement documenting the terms and conditions for the sale and purchase of shares in a company.
find out more
Professional Services Contract
A South African law-governed agreement establishing terms and conditions for professional services delivery between a service provider and client.
find out more
Consulting Services Agreement
South African law-governed agreement establishing terms and conditions for consulting services provision, including scope, payments, and compliance requirements.
find out more
Buyer Representation Agreement
A South African law-compliant agreement establishing professional representation between a property buyer and real estate agent, outlining services, duties, and compensation terms.
find out more
Master Service Agreement
A South African law-governed framework agreement establishing core terms for ongoing service delivery relationships between service providers and clients.
find out more
Yearly Contract Agreement
A one-year contractual agreement compliant with South African law, establishing terms, conditions, and obligations between parties.
find out more
White Label Agreement
A South African law-governed agreement enabling one party to rebrand and market another party's products/services under their own brand, with defined terms for licensing, operations, and compliance.
find out more
Genie’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; Genie’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)
.png)