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Promissory Note With Personal Guarantee for Malaysia

Promissory Note With Personal Guarantee Template for Malaysia

A comprehensive legal document governed by Malaysian law that combines a promissory note with a personal guarantee, creating both a primary obligation to pay a specified sum and a secondary guarantee obligation. The document is structured in accordance with the Bills of Exchange Act 1949 and Contracts Act 1950, incorporating specific provisions for unconditional promise to pay, detailed payment terms, and enforcement mechanisms. It includes robust guarantee provisions that enable the creditor to claim against the guarantor without first exhausting remedies against the principal debtor, while complying with Malaysian stamping requirements and enforcement regulations.

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What is a Promissory Note With Personal Guarantee?

The Promissory Note With Personal Guarantee is a crucial financial instrument used in Malaysian business and lending transactions when a creditor requires both a direct promise to pay from a debtor and additional security through a personal guarantee. This document type is particularly relevant when the creditor needs enhanced protection for a debt obligation, combining the straightforward enforcement mechanisms of a promissory note under the Bills of Exchange Act 1949 with the additional security of a personal guarantee under the Contracts Act 1950. It's commonly used in business loans, commercial transactions, and private lending arrangements where the creditor seeks to mitigate risk through multiple layers of obligation. The document must comply with Malaysian stamping requirements and can be used as evidence in Malaysian courts when properly executed.

What sections should be included in a Promissory Note With Personal Guarantee?

1. Parties: Identifies the Maker (promisor), Payee (promisee), and Guarantor with their full legal names and addresses

2. Background: Brief context of the debt obligation and reason for the personal guarantee

3. Definitions: Defines key terms used in the document including 'Principal Sum', 'Interest Rate', 'Due Date', and 'Event of Default'

4. Promise to Pay: Clear statement of the unconditional promise to pay the specified sum, including the amount, interest rate, and payment date(s)

5. Payment Terms: Details of how and where payments will be made, including installment provisions if applicable

6. Interest Provisions: Specification of interest calculation method, payment periods, and default interest rates

7. Personal Guarantee: Terms of the guarantee, including the guarantor's unconditional promise to pay upon default

8. Representations and Warranties: Basic declarations by both the maker and guarantor regarding their capacity and authority

9. Events of Default: Circumstances constituting default and consequences thereof

10. Enforcement: Rights and remedies of the payee upon default, including against both maker and guarantor

11. Notices: Method and addresses for serving notices between parties

12. Governing Law: Specification of Malaysian law as governing law and jurisdiction

What sections are optional to include in a Promissory Note With Personal Guarantee?

1. Security: Include when additional security is provided besides the personal guarantee

2. Acceleration Clause: Include when early payment can be demanded under specific circumstances

3. Assignment: Include when the note needs to be transferable or when assignment should be restricted

4. Joint and Several Liability: Include when there are multiple makers or guarantors

5. Waiver of Presentment: Include when formal presentment requirements should be waived

6. Stamp Duty Declaration: Include when specific stamp duty compliance needs to be documented

What schedules should be included in a Promissory Note With Personal Guarantee?

1. Payment Schedule: If installment payments are involved, details the payment dates and amounts

2. Guarantor's Statement of Net Worth: Financial statement of the guarantor proving their capacity to guarantee the debt

3. Specimen Signatures: Contains verified signatures of all parties for authentication purposes

4. Notice Details: Detailed contact information and addresses for service of notices

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Ƶ

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Relevant legal definitions




























Clauses






















Relevant Industries

Banking and Financial Services

Real Estate

Commercial Lending

Small and Medium Enterprises

Manufacturing

Trading

Construction

Retail

Professional Services

Agriculture

Relevant Teams

Legal

Finance

Treasury

Credit Control

Risk Management

Compliance

Corporate Secretarial

Commercial Operations

Business Development

Accounts Receivable

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Credit Manager

Risk Manager

Commercial Director

Treasury Manager

Accounts Receivable Manager

Corporate Secretary

Compliance Officer

Business Development Manager

Financial Controller

Credit Analyst

Legal Manager

Banking Relationship Manager

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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