The Personal Guarantee Loan Agreement is a crucial document in Maltese lending practices, used when a third party (the guarantor) agrees to secure a loan by providing a personal guarantee for the borrower's obligations. This document is essential in both commercial and private lending scenarios, particularly when additional security is required by lenders to mitigate credit risk. Governed by Maltese law, specifically the Civil Code (Chapter 16) and Banking Act (Chapter 371), the agreement must comply with strict regulatory requirements regarding form, content, and execution. The document typically includes detailed provisions on the guarantee's scope, enforcement procedures, and the guarantor's obligations, while also incorporating necessary consumer protection measures when the guarantor is a private individual. It's commonly used in business loans, property financing, and commercial credit facilities where personal guarantees form part of the security package.
Personal Guarantee Loan Agreement for Malta
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Key Requirements PROMPT example:
Personal Guarantee Loan Agreement
"I need a Personal Guarantee Loan Agreement under Maltese law for a 鈧500,000 commercial property loan where three individual guarantors will jointly guarantee a company's obligations, with the loan to be disbursed by March 2025."
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1. Parties: Identification of the Lender, Borrower, and Guarantor(s), including full legal names, registration numbers or ID numbers, and addresses
2. Background: Context of the loan agreement and guarantee, including the relationship between the parties and purpose of the loan
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Terms: Principal amount, interest rate, term, and repayment schedule
5. Guarantee Provisions: Scope and nature of the guarantee, including the Guarantor's obligations and limitations
6. Representations and Warranties: Statements of fact and assurances from both the Borrower and Guarantor
7. Guarantor's Undertakings: Specific promises and commitments made by the Guarantor
8. Enforcement: Rights and procedures for enforcing the guarantee
9. Demand and Payment: Process for making demands under the guarantee and payment obligations
10. Indemnity: Guarantor's indemnification obligations
11. Duration and Release: Term of the guarantee and conditions for release
12. Notices: Process and requirements for formal communications between parties
13. Governing Law and Jurisdiction: Confirmation of Maltese law as governing law and jurisdiction of Maltese courts
14. Execution: Signature blocks and execution requirements
1. Security Interest: Required when additional security is provided alongside the personal guarantee
2. Joint and Several Liability: Needed when there are multiple guarantors
3. Independent Legal Advice: Recommended when the guarantor is a private individual to confirm they received independent legal advice
4. Change of Control: Required when the guarantor is a company and changes in ownership could affect the guarantee
5. Currency Provisions: Needed when the loan and guarantee involve multiple currencies
6. Assignment and Transfer: Required when the lender wants the right to assign or transfer the guarantee
7. Costs and Expenses: Optional section detailing responsibility for legal and enforcement costs
1. Schedule 1 - Loan Details: Detailed breakdown of loan amount, interest calculations, and repayment schedule
2. Schedule 2 - Form of Demand: Template for making formal demands under the guarantee
3. Schedule 3 - Guarantor's Assets: Statement of the Guarantor's assets and financial position
4. Schedule 4 - Conditions Precedent: List of documents and conditions required before the guarantee becomes effective
5. Appendix A - Related Security Documents: List and copies of any related security documents
6. Appendix B - Independent Legal Advice Certificate: Certificate from legal advisor confirming advice given to guarantor
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Relevant Industries
Banking
Financial Services
Real Estate
Commercial Lending
Corporate Finance
Small Business
Retail Banking
Investment Services
Property Development
Construction
Relevant Teams
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Credit
Compliance
Risk Management
Commercial Banking
Corporate Finance
Retail Banking
Documentation
Loan Administration
Corporate Banking
Relevant Roles
Legal Counsel
Credit Manager
Loan Officer
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Risk Manager
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Relationship Manager
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