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Guarantor In Loan Agreement for United Arab Emirates

Guarantor In Loan Agreement Template for United Arab Emirates

A comprehensive legal document governed by UAE law that establishes a third party's (Guarantor's) commitment to secure the obligations of a borrower under a loan agreement. The document incorporates provisions compliant with UAE Civil Code, Commercial Code, and Sharia principles, detailing the guarantor's obligations, representations, and warranties. It includes specific enforcement mechanisms available under UAE law and addresses the requirements of the UAE Central Bank regulations where applicable. The agreement serves as a critical security instrument in UAE lending transactions, providing lenders with additional assurance through personal or corporate guarantees.

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Guarantor In Loan Agreement

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What is a Guarantor In Loan Agreement?

The Guarantor In Loan Agreement is a crucial security document used in UAE lending transactions where additional security is required beyond the borrower's own covenant. This document is particularly relevant when a lender requires extra assurance for loan repayment, common in both commercial and personal lending scenarios. The agreement must comply with UAE Federal Law No. 5 of 1985 (Civil Code) articles relating to guarantees (1056-1094), UAE Federal Law No. 18 of 1993 (Commercial Code), and relevant Central Bank regulations. It's essential in scenarios involving corporate groups where parent companies guarantee subsidiaries' obligations, or where individuals provide personal guarantees for corporate borrowing. The document includes detailed provisions on the guarantee's scope, enforcement mechanisms, and the guarantor's obligations, all structured to ensure compliance with both UAE law and Sharia principles.

What sections should be included in a Guarantor In Loan Agreement?

1. Parties: Identifies all parties to the agreement: the Guarantor, the Lender, and the Borrower

2. Background: Explains the context of the guarantee, referring to the principal Loan Agreement and the basis for the guarantee

3. Definitions: Defines key terms used throughout the agreement, including references to the Loan Agreement terms

4. Guarantee and Indemnity: Core section detailing the scope of the guarantee, including the guaranteed obligations and indemnification provisions

5. Nature of Guarantee: Specifies that the guarantee is continuing, irrevocable, and unconditional as per UAE law requirements

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

7. Guarantor's Covenants: Ongoing obligations of the guarantor throughout the guarantee period

8. Payments: Terms regarding the timing, method, and currency of payments by the guarantor

9. Preservation of Rights: Lender's rights preservation clauses and mechanisms for enforcement

10. Islamic Finance Compliance: Provisions ensuring compliance with Sharia principles as required under UAE law

11. Costs and Expenses: Allocation of costs related to the guarantee's preparation and enforcement

12. Notices: Communication procedures between parties

13. Governing Law and Jurisdiction: Specifies UAE law as governing law and relevant courts' jurisdiction

What sections are optional to include in a Guarantor In Loan Agreement?

1. Security: Include when the guarantor provides additional security for their obligations

2. Counter-Indemnity: Include when there are multiple guarantors to establish their mutual obligations

3. Currency Indemnity: Include for cross-border transactions involving multiple currencies

4. Tax Gross-Up: Include when payments may be subject to tax deductions

5. Power of Attorney: Include when the lender requires direct power to act on behalf of the guarantor

6. Assignment and Transfer: Include when rights under the guarantee may need to be transferred

7. Language: Include when dual language versions are required (Arabic/English)

What schedules should be included in a Guarantor In Loan Agreement?

1. Form of Demand: Template for making demands under the guarantee

2. Principal Loan Agreement: Copy or summary of the main loan agreement being guaranteed

3. Security Documents: List and copies of any security documents provided by the guarantor

4. Guarantor's Certificate of Authority: Corporate authorizations and powers of attorney if guarantor is a corporation

5. Compliance Certificate: Template for periodic confirmation of compliance with guarantee terms

6. Assets Schedule: List of guarantor's assets if relevant to the guarantee

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

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions




































Clauses






























Relevant Industries

Banking & Financial Services

Real Estate & Construction

Commercial Trading

Manufacturing & Industrial

Retail & Hospitality

Healthcare

Education

Transportation & Logistics

Energy & Infrastructure

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Secretariat

Credit Administration

Commercial Operations

Executive Leadership

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Banking Relationship Manager

Credit Risk Manager

Treasury Manager

Compliance Officer

Company Secretary

Commercial Director

Managing Director

Chief Executive Officer

Risk Assessment Officer

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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