The Loan Guarantee Form is a crucial legal document used in Indian lending transactions when a third party (guarantor) agrees to secure the financial obligations of a borrower. This document is essential when lenders require additional security beyond the borrower's own creditworthiness or assets. Governed by the Indian Contract Act 1872 and related banking regulations, the guarantee form outlines the guarantor's obligations, the scope of the guarantee, enforcement mechanisms, and the circumstances under which the guarantee can be invoked. It's commonly used in both corporate and individual lending scenarios, particularly when the borrower's credentials alone may not meet the lender's risk assessment criteria. The document must comply with Indian stamp duty requirements and may need registration depending on the jurisdiction and guarantee amount.
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1. Parties: Identifies the Guarantor, the Lender (Creditor), and the Borrower (Principal Debtor)
2. Background: Describes the underlying loan agreement and the context for the guarantee
3. Definitions: Defines key terms used throughout the guarantee document
4. Guarantee and Indemnity: Core section detailing the guarantee obligations and indemnification provisions
5. Scope of Guarantee: Specifies the extent of the guaranteed obligations and any limitations
6. Guarantor's Representations and Warranties: Statements about the guarantor's capacity and authority to provide the guarantee
7. Continuing Security: Establishes that the guarantee remains in force until all obligations are discharged
8. Enforcement: Details when and how the guarantee can be enforced
9. Payments: Specifies payment obligations, timing, and method
10. Costs and Expenses: Allocation of costs related to the guarantee
11. Notices: Communication procedures between parties
12. Governing Law and Jurisdiction: Specifies Indian law as governing law and jurisdiction for disputes
1. Multiple Guarantors: Include when there is more than one guarantor, defining joint and several liability
2. Corporate Guarantor Provisions: Include when the guarantor is a company, adding corporate authority provisions
3. Security Provisions: Include when the guarantee is secured by specific assets
4. Assignment and Transfer: Include when parties want to allow transfer of guarantee rights
5. Currency Provisions: Include for cross-border transactions involving multiple currencies
6. Priority and Subordination: Include when there are multiple guarantees or security interests
7. Force Majeure: Include when parties want specific provisions for unforeseen circumstances
1. Schedule 1 - Principal Loan Agreement Details: Details of the underlying loan agreement being guaranteed
2. Schedule 2 - Guaranteed Obligations: Detailed description of the obligations covered by the guarantee
3. Schedule 3 - Form of Demand: Standard form for making a demand under the guarantee
4. Schedule 4 - Guarantor's Assets: List of guarantor's assets (if relevant for enforcement)
5. Appendix A - Board Resolution: Corporate authorization (for corporate guarantors)
6. Appendix B - Security Documents: Copies of related security documents (if applicable)
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Corporate Finance
Real Estate
Infrastructure
Manufacturing
Trading
Small and Medium Enterprises
Retail
Construction
Relevant Teams
Legal
Finance
Risk Management
Credit
Compliance
Treasury
Banking Operations
Documentation
Corporate Affairs
Loan Administration
Relevant Roles
Legal Counsel
Corporate Lawyer
Finance Manager
Credit Risk Manager
Loan Officer
Relationship Manager
Compliance Officer
Chief Financial Officer
Treasury Manager
Banking Operations Manager
Credit Analyst
Legal Documentation Specialist
Company Secretary
Risk Assessment Officer
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