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Bank Personal Guarantee for United Arab Emirates

Bank Personal Guarantee Template for United Arab Emirates

A Bank Personal Guarantee is a legally binding document under UAE law where an individual (the Guarantor) commits to personally guarantee the obligations of a debtor (typically a company) to a bank. The document is governed by UAE Federal Law No. 5 of 1985 (Civil Code) and UAE Federal Law No. 18 of 1993 (Commercial Code), along with relevant Central Bank regulations. It creates a direct, irrevocable, and continuing security obligation on the guarantor to fulfill the debtor's obligations in case of default. The document includes specific provisions for enforcement under UAE law and typically requires notarization to ensure its validity in UAE courts.

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Bank Personal Guarantee

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What is a Bank Personal Guarantee?

The Bank Personal Guarantee is a crucial security document in UAE banking practice, commonly used when companies seek financial facilities from banks. It provides additional security to the bank by making an individual personally liable for a company's debt obligations. The document must comply with UAE Civil Code requirements, Commercial Code provisions, and Central Bank regulations. It is particularly important in the UAE business context where personal guarantees are frequently required from company shareholders or directors as additional security for corporate borrowing. The guarantee typically includes detailed provisions about the scope of guaranteed obligations, enforcement mechanisms, and the guarantor's representations and warranties. It requires careful drafting to ensure enforceability under UAE law and often needs to be notarized.

What sections should be included in a Bank Personal Guarantee?

1. Parties: Identification of the Bank (beneficiary), the Principal Debtor, and the Guarantor with full legal names and details

2. Background: Context of the guarantee, including reference to the underlying facility or debt being guaranteed

3. Definitions: Key terms used in the guarantee, including 'Guaranteed Obligations', 'Security', 'Event of Default'

4. Guarantee and Indemnity: Core guarantee provisions, amount, scope, and nature of the guarantee (continuing, unconditional, irrevocable)

5. Extent of Liability: Maximum liability amount and specification of covered obligations

6. Guarantor's Representations and Warranties: Statements about guarantor's capacity, authority, and financial condition

7. Payment Provisions: Terms for making payments, currency, method, and timing

8. Enforcement and Recovery: Bank's rights upon default and enforcement mechanisms

9. Continuing Security: Provision establishing the guarantee as continuing security until full discharge

10. No Discharge or Release: Circumstances that do not affect the guarantee's validity

11. Communications: Notice requirements and contact details

12. Governing Law and Jurisdiction: Specification of UAE law and jurisdiction of UAE courts

What sections are optional to include in a Bank Personal Guarantee?

1. Multiple Guarantors: Required when there is more than one guarantor, specifying joint and several liability

2. Specific Asset Backing: Used when the guarantee is supported by specific assets or securities

3. Islamic Banking Provisions: Required for Sharia-compliant guarantees

4. Foreign Currency Provisions: Needed when the guarantee involves obligations in multiple currencies

5. Step-In Rights: Optional provisions allowing the bank to take control of certain assets or rights

6. Cross-Default: Optional provisions linking this guarantee to other facilities or obligations

What schedules should be included in a Bank Personal Guarantee?

1. Schedule 1 - Form of Demand: Template for making a demand under the guarantee

2. Schedule 2 - Underlying Facility Details: Details of the primary facility or obligation being guaranteed

3. Schedule 3 - Guarantor's Assets Declaration: Statement of the guarantor's assets and financial position

4. Schedule 4 - Specific Secured Obligations: Detailed list of obligations covered by the guarantee

5. Appendix A - Required Documents: List of supporting documents to be provided by the guarantor

Authors

Alex Denne

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

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions







































Clauses




























Relevant Industries

Banking

Financial Services

Corporate Lending

Islamic Banking

Real Estate

Construction

Trading

Manufacturing

Retail

Commercial Services

Investment Services

Small and Medium Enterprises

Relevant Teams

Legal

Compliance

Credit Risk

Corporate Banking

Document Management

Securities and Collateral

Operations

Corporate Finance

Risk Management

Customer Relations

Relevant Roles

Bank Manager

Credit Officer

Relationship Manager

Legal Counsel

Compliance Officer

Risk Manager

Corporate Banking Officer

Chief Financial Officer

Financial Controller

Company Director

Company Secretary

Credit Risk Analyst

Security Documentation Officer

Banking Operations Manager

Corporate Finance 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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