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Deed Of Release Of Guarantee Template for India

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Key Requirements PROMPT example:

Deed Of Release Of Guarantee

"I need a Deed of Release of Guarantee to release my company as guarantor from a corporate guarantee provided to ABC Bank Limited for a subsidiary's loan facility, which has been fully repaid as of January 2025."

Document background
A Deed of Release of Guarantee is a crucial legal document used in Indian business and financial transactions when a guarantor needs to be formally discharged from their obligations under an existing guarantee. This document becomes necessary when the original debt has been repaid, when there's a restructuring of financial arrangements, or when parties agree to release the guarantor for other valid reasons. The deed must comply with Indian contract law requirements and be properly executed as a deed to ensure enforceability. It typically includes details of the original guarantee, the reasons for release, and comprehensive release provisions that protect all parties' interests. The document is particularly important in banking and commercial contexts where personal or corporate guarantees are common security instruments.
Suggested Sections

1. Parties: Identifies all parties to the deed including the creditor (beneficiary of the guarantee), the principal debtor, and the guarantor being released

2. Background: Recitals detailing the original guarantee, its date, purpose, and any relevant subsequent events leading to this release

3. Definitions: Defines key terms used in the deed, including references to the original guarantee, relevant dates, and any specific terms

4. Release: The operative part declaring the complete and unconditional release of the guarantor from all obligations under the guarantee

5. Acknowledgment: Creditor's acknowledgment that no further claims will be made against the guarantor under the guarantee

6. Return of Documents: Provisions for returning or canceling the original guarantee documents

7. Governing Law: Specifies Indian law as the governing law and jurisdiction

8. Execution: Formal execution block meeting the requirements for a deed under Indian law

Optional Sections

1. Consideration: Required if there is any payment or consideration for the release

2. Partial Release: Used when only certain obligations under the guarantee are being released while others continue

3. Representations and Warranties: Include when parties need to make specific confirmations about their authority or the status of the guarantee

4. Confidentiality: Include when parties wish to keep the terms of the release confidential

5. Surviving Obligations: Required if any obligations survive the release

6. Indemnity: Include when additional protection is needed against future claims

Suggested Schedules

1. Original Guarantee: Copy or details of the original guarantee being released

2. Security Documents: List and details of any related security documents being released

3. Payment Details: If consideration is involved, schedule detailing payment terms and conditions

4. Related Properties: Details of any properties or assets involved in the original guarantee

5. Powers of Attorney: If applicable, copies of powers of attorney authorizing signatories to execute the deed

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses

























Relevant Industries

Banking and Financial Services

Real Estate

Construction

Manufacturing

Retail

Infrastructure

Corporate Services

Small and Medium Enterprises

Professional Services

Industrial

Relevant Teams

Legal

Finance

Compliance

Risk Management

Treasury

Corporate Secretarial

Credit Management

Business Development

Operations

Corporate Affairs

Relevant Roles

Legal Counsel

Corporate Lawyer

Finance Manager

Chief Financial Officer

Risk Manager

Company Secretary

Compliance Officer

Banking Manager

Credit Manager

Legal Director

Contract Administrator

Treasury Manager

Corporate Finance Manager

Business Development 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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