The Deed of Guarantee and Indemnity is a crucial legal instrument in Maltese commercial and financial transactions, commonly used to provide security for loans, financial facilities, or other commercial obligations. This document is particularly relevant when a creditor requires additional security beyond the principal debtor's covenant, especially in high-value transactions or when dealing with new business relationships. The deed must comply with Malta's Civil Code (Chapter 16) and the Notarial Profession and Notarial Archives Act, requiring execution before a Notary Public and subsequent registration. It contains detailed provisions regarding the scope of the guarantee, the guarantor's obligations, enforcement mechanisms, and indemnity provisions. The document is especially important in Malta's financial services sector and is frequently used in banking, real estate, and commercial transactions where parties seek to mitigate credit risk.
Deed Of Guarantee And Indemnity for Malta
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Deed Of Guarantee And Indemnity
"I need a Deed of Guarantee and Indemnity under Maltese law for a 鈧2.5M commercial property loan, where three company directors will act as personal guarantors with joint and several liability, to be executed by March 2025."
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1. Parties: Identification of all parties: Guarantor(s), Creditor/Beneficiary, and Principal Debtor
2. Background: Recitals explaining the context of the guarantee, including details of the primary obligation being guaranteed
3. Definitions and Interpretation: Definitions of key terms used in the deed and rules for interpreting the document
4. Guarantee and Indemnity: Core provisions setting out the guarantee and indemnity obligations, including the scope and extent of the guarantor's liability
5. Nature of Guarantee: Specifies that the guarantee is continuing, irrevocable and includes provisions for joint and several liability if applicable
6. Guarantor's Representations and Warranties: Statements and assurances given by the guarantor regarding their capacity and authority to enter into the guarantee
7. Payment Provisions: Details of how and when payments must be made, including currency and method of payment
8. Preservation of Rights: Provisions ensuring the creditor's rights are preserved in various circumstances
9. Enforcement: Conditions and procedures for enforcing the guarantee
10. Discharge and Release: Circumstances under which the guarantor may be discharged from obligations
11. Notices: Requirements for giving formal notices under the deed
12. Governing Law and Jurisdiction: Confirmation of Maltese law as governing law and jurisdiction of Maltese courts
1. Security Provisions: Used when the guarantee is supported by specific security arrangements
2. Additional Guarantor Provisions: Required when there are multiple guarantors to address joint and several liability
3. Currency Provisions: Needed for cross-border transactions involving multiple currencies
4. Counter-Indemnity: Include when the guarantor requires indemnification from the principal debtor
5. Assignment and Transfer: Include when parties need the ability to transfer their rights under the guarantee
6. Costs and Expenses: Detailed provisions about who bears various costs, particularly useful in complex transactions
7. Limited Recourse: Include when the guarantee is to be limited to specific assets or amounts
8. Data Protection: Required when personal data processing is involved in administering the guarantee
1. Schedule 1 - Primary Obligation: Details of the principal debt or obligation being guaranteed
2. Schedule 2 - Guarantee Limit: If applicable, specific details of any caps or limitations on the guarantee amount
3. Schedule 3 - Security Details: Description of any security provided in support of the guarantee
4. Schedule 4 - Guarantor Information: Detailed information about the guarantor(s) including address and contact details
5. Schedule 5 - Form of Demand: Template for making a formal demand under the guarantee
6. Appendix A - Required Notices: Forms of notices to be used for various communications under the deed
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate and Property Development
Construction
Manufacturing
Retail and Commercial
Import/Export
Shipping and Maritime
Professional Services
Healthcare
Technology and Software
Hospitality and Tourism
Energy and Utilities
Relevant Teams
Legal
Finance
Compliance
Risk Management
Treasury
Commercial Operations
Credit Control
Corporate Secretariat
Business Development
Contracts Administration
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Compliance Officer
Risk Manager
Credit Manager
Commercial Director
Company Secretary
Treasury Manager
Contracts Manager
Business Development Director
Corporate Lawyer
Notary Public
Banking Relationship Manager
Security Trustee
Financial Controller
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