The Loan Personal Guarantee Form is a critical legal instrument used in Malta's lending landscape when additional security is required for a loan agreement. This document is typically employed when a lender requires extra assurance beyond the borrower's primary obligations, particularly in situations involving substantial loans, business financing, or where the borrower's creditworthiness needs enhancement. The form, governed by Maltese law, specifically Chapter 16 of the Civil Code and relevant financial services legislation, creates a legally binding commitment from a guarantor (either individual or corporate) to assume responsibility for the borrower's obligations in case of default. It includes detailed provisions about the scope of the guarantee, enforcement mechanisms, representations and warranties, and specific protections required under Maltese law, especially when the guarantor is an individual.
Loan Personal Guarantee Form for Malta
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Key Requirements PROMPT example:
Loan Personal Guarantee Form
"I need a Loan Personal Guarantee Form under Maltese law for three corporate guarantors who will jointly guarantee a 鈧2.5M business expansion loan to be issued in March 2025, with specific provisions for cross-border enforcement as two guarantors are based in Italy."
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1. Parties: Identification of the Guarantor, the Lender, and the Borrower, including full legal names and addresses
2. Background: Context of the guarantee, including reference to the main loan agreement and the reason for the guarantee
3. Definitions: Definitions of key terms used throughout the guarantee document
4. Guarantee and Indemnity: Core guarantee obligations, including the scope of the guarantee and the maximum amount guaranteed
5. Nature of Guarantee: Specification that this is a continuing security and primary obligation, not just a secondary guarantee
6. Guarantor's Representations and Warranties: Confirmations from the guarantor about their capacity and authority to enter into the guarantee
7. Payment Obligations: Details of how and when the guarantor must make payments under the guarantee
8. Enforcement: Circumstances under which the guarantee can be enforced and the process for enforcement
9. Duration and Release: Term of the guarantee and conditions for its release or termination
10. Notices: How formal communications between parties should be made and delivered
11. Governing Law and Jurisdiction: Confirmation of Maltese law as governing law and jurisdiction of Maltese courts
1. Corporate Authority: Required only when the guarantor is a company, containing specific corporate authorization provisions
2. Joint and Several Liability: Required when there are multiple guarantors, establishing their joint and several liability
3. Security Rights: Optional section for cases where specific assets are pledged as additional security
4. Consumer Protection Declarations: Required when the guarantor is an individual consumer, including mandatory warnings and acknowledgments
5. Independent Legal Advice: Optional confirmation that the guarantor has received independent legal advice
6. Cross-Default: Optional provisions linking the guarantee to other financial obligations or agreements
7. Currency Provisions: Required when the loan and guarantee might involve multiple currencies
1. Schedule 1 - Loan Agreement Details: Copy or summary of the main loan agreement terms being guaranteed
2. Schedule 2 - Guaranteed Obligations: Detailed description of the exact obligations covered by the guarantee
3. Schedule 3 - Form of Demand: Template for making a formal demand under the guarantee
4. Schedule 4 - Guarantor's Assets Declaration: Optional schedule listing the guarantor's main assets and financial position
5. Appendix A - Corporate Authorization Documents: Required for corporate guarantors, containing board resolutions and other authorization documents
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