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Personal Indemnification Agreement

Personal Indemnification Agreement Template for Singapore

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Key Requirements PROMPT example:

Personal Indemnification Agreement

"I need a Personal Indemnification Agreement under Singapore law to protect me as a non-executive director from personal liability when joining the board of a fintech startup from March 2025."

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What is a Personal Indemnification Agreement?

The Personal Indemnification Agreement is commonly used in Singapore when individuals need to provide personal protection against potential losses or liabilities to other parties. This document is particularly relevant in professional relationships, corporate governance, and personal guarantees. It must comply with Singapore's legal framework, including the Civil Law Act and Unfair Contract Terms Act. The agreement typically specifies the scope of indemnification, triggering events, exclusions, and claim procedures. It's essential when personal liability protection is required beyond standard corporate or insurance coverage.

What sections should be included in a Personal Indemnification Agreement?

1. Parties: Identifies the indemnifier and indemnitee with full legal names and addresses

2. Background: Explains the context and purpose of the indemnification agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Indemnification: Details what losses, damages, or liabilities are covered

5. Duration: Specifies how long the indemnification remains in effect

6. Limitations and Exclusions: Specifies any limitations on the scope of indemnity and excluded claims

7. Process for Claims: Sets out the procedure for making and handling indemnification claims

8. Governing Law and Jurisdiction: Confirms Singapore law applies and establishes jurisdiction for disputes

9. Execution: Signature blocks and execution formalities

What sections are optional to include in a Personal Indemnification Agreement?

1. Insurance Requirements: Specifies insurance obligations and minimum coverage requirements to back the indemnity

2. Defense Rights: Details rights and obligations regarding legal defense of claims including choice of counsel

3. Notice Requirements: Specific procedures and timeframes for notifying parties of claims or potential claims

4. Subrogation Rights: Rights of the indemnifier to pursue claims against third parties

5. Assignment: Provisions regarding the ability to assign rights under the agreement

What schedules should be included in a Personal Indemnification Agreement?

1. Schedule 1 - Covered Activities: Detailed list of activities, circumstances, or events covered by the indemnification

2. Schedule 2 - Excluded Claims: Specific listing of claims, losses, or circumstances explicitly excluded from coverage

3. Schedule 3 - Insurance Requirements: Detailed specifications of required insurance types, coverage amounts, and insurers

4. Schedule 4 - Claims Procedure: Step-by-step process for submitting and handling claims, including required documentation

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

alex.den.21@genieai.co
Relevant legal definitions

























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Industries

Civil Law Act (Cap. 43): Primary legislation governing contract law principles in Singapore, providing the fundamental framework for contract formation and enforcement

Contracts (Rights of Third Parties) Act: Legislation governing how third parties may enforce terms of a contract, which is relevant for indemnification agreements that might affect third parties

Unfair Contract Terms Act (Cap. 396): Regulates unfair terms in contracts and limits the extent to which civil liability can be excluded or restricted, particularly relevant for indemnification clauses

Misrepresentation Act (Cap. 390): Governs false or misleading statements made during contract formation, which could affect the validity of indemnification agreements

Limitation Act (Cap. 163): Sets time limits for bringing legal claims, which affects the enforcement period of indemnification obligations

Mental Capacity Act: Determines the legal capacity of parties to enter into contracts, including indemnification agreements

Age of Majority Act: Establishes the age at which individuals can legally enter into binding contracts

Consumer Protection (Fair Trading) Act: Protects consumer interests and regulates unfair practices, which may affect indemnification agreements with consumers

Companies Act: Relevant when corporate entities are involved in indemnification agreements, governing corporate capacity and authority

Unconscionability Doctrine: Legal principle that prevents the enforcement of contracts that are extremely unfair or oppressive to one party

Consideration Requirement: Common law principle requiring that each party must provide something of value for a contract to be binding

Singapore Case Law on Indemnities: Body of court decisions establishing precedents on the interpretation and enforcement of indemnification clauses in Singapore

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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