The Affidavit of Guarantee is a crucial document in Malaysian business and financial transactions, particularly when securing loans, credit facilities, or other financial obligations. This document is required when an individual or entity (the guarantor) agrees to guarantee the obligations of another party (the principal debtor) to a third party (usually a financial institution). The affidavit must be properly executed before a Commissioner for Oaths and should comply with Malaysian legal requirements, including the Contracts Act 1950, Stamp Act 1949, and relevant banking regulations. It typically includes detailed information about all parties involved, the scope of the guarantee, financial obligations, and explicit declarations about the guarantor's capacity and willingness to fulfill the guarantee obligations. For Islamic banking transactions, the Affidavit of Guarantee must also comply with Shariah principles and the Islamic Financial Services Act 2013.
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1. Title and Declaration: Formal title of the document and opening declaration stating this is an affidavit
2. Deponent Details: Full name, NRIC/passport number, occupation and address of the guarantor making the affidavit
3. Background: Context of the guarantee including details of the principal debtor and the relationship between guarantor and debtor
4. Principal Debt Details: Specific information about the debt or obligation being guaranteed
5. Guarantee Declaration: Express declaration of the guarantee commitment and its scope
6. Financial Capacity: Declaration of guarantor's financial capacity to meet the guarantee obligations
7. Understanding of Obligations: Confirmation that the guarantor understands their obligations and liability
8. Truth Declaration: Standard closing declaration affirming the truth of the statements
9. Execution Block: Space for signature, commissioner for oaths details and attestation
1. Joint and Several Liability: Required when there are multiple guarantors, specifying their joint and several liability
2. Islamic Banking Compliance: Required when the guarantee relates to Islamic banking facilities, including relevant Shariah principles
3. Limitation of Liability: Optional section specifying any agreed limits to the guarantor's liability
4. Security Details: Required when specific assets are pledged as additional security for the guarantee
5. Corporate Authority: Required when the guarantor is a company, including board resolution details
1. Schedule A - Principal Debt Details: Detailed breakdown of the debt or obligations being guaranteed, including amounts, interest rates, and payment terms
2. Schedule B - Security Details: List and description of any assets or securities pledged in support of the guarantee
3. Schedule C - Principal Documents: List of all relevant agreements and documents relating to the principal debt
4. Appendix 1 - Identity Documents: Copies of guarantor's identification documents and relevant certificates
5. Appendix 2 - Financial Statements: Where applicable, financial statements or proof of financial capacity of the guarantor
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