The Guarantor in Loan Agreement is a crucial document in Malaysian lending practices, commonly used when additional security is required for a loan facility. This document is essential when a lender requires extra assurance beyond the borrower's creditworthiness, particularly in commercial lending, property purchases, or business expansion scenarios. The agreement must comply with Malaysian banking regulations and legal requirements, including the Financial Services Act 2013 and Contracts Act 1950. It typically details the guarantee's scope, the guarantor's obligations and limits of liability, enforcement procedures, and remedies available to the lender. The document is particularly relevant in situations where borrowers may have limited credit history or where the loan amount requires additional security measures under Malaysian banking guidelines.
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1. Parties: Identification of the Lender, Borrower, and Guarantor(s) with their full details
2. Background: Context of the loan agreement and the purpose of the guarantee
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Guarantee and Indemnity: Core provisions of the guarantee, including scope and extent of the guarantor's liability
5. Nature of Guarantee: Continuing security nature of the guarantee and its independence from the primary loan agreement
6. Guarantor's Representations and Warranties: Statements of fact and assurances given by the guarantor
7. Guarantor's Covenants: Ongoing obligations and commitments of the guarantor
8. Payments: Terms and conditions for payments under the guarantee, including method and timing
9. Demand and Enforcement: Circumstances and process for making demands under the guarantee
10. Interest and Charges: Interest rates and other charges applicable to guaranteed amounts
11. Protection of Guarantee: Provisions ensuring the guarantee remains effective despite changes to the primary loan
12. Notices: Communication requirements and contact details
13. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction for disputes
14. Execution: Signature blocks and execution formalities
1. Multiple Guarantors: Additional provisions for joint and several liability when there is more than one guarantor
2. Security Provisions: Where the guarantee is supported by specific security assets
3. Change of Guarantor: Procedures for substituting or adding guarantors
4. Currency Provisions: Required when the loan and guarantee involve multiple currencies
5. Assignment and Transfer: Rights to assign or transfer the guarantee, if permitted
6. Limited Liability: Where the guarantee amount is capped or limited in some way
7. Corporate Guarantor Provisions: Additional provisions specific to corporate guarantors including corporate authority
8. Set-off Rights: Rights of the lender to set off amounts against guarantor's accounts
9. Tax Provisions: Handling of tax implications and gross-up provisions if required
1. Primary Loan Agreement: Copy or key terms of the main loan agreement being guaranteed
2. Guaranteed Obligations: Detailed description of the obligations covered by the guarantee
3. Security Details: Details of any security provided by the guarantor
4. Form of Demand: Standard form for making demands under the guarantee
5. Corporate Authorizations: Copies of relevant corporate authorizations if corporate guarantor
6. Payment Details: Bank account and payment instruction details
7. Guarantor's Assets Statement: Statement of guarantor's assets and financial position
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