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Bank Personal Guarantee Template for Malaysia

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Key Requirements PROMPT example:

Bank Personal Guarantee

"I need a Bank Personal Guarantee document to be drafted for a manufacturing company's director who will personally guarantee a RM 2 million business expansion loan, with the guarantee to take effect from March 1, 2025."

Document background
The Bank Personal Guarantee is a critical security document used in Malaysian banking transactions when a bank requires additional security beyond the primary borrower's commitments. This document is commonly utilized when extending credit facilities to companies or individuals where the bank seeks extra assurance through personal commitment from directors, shareholders, or related parties. The guarantee, governed by Malaysian law and banking regulations, creates a legally binding obligation for the guarantor to fulfill the principal debtor's obligations if they default. It typically includes provisions for direct enforcement, contains representations about the guarantor's financial capacity, and may be supported by additional security. The document must comply with Malaysian banking regulations, particularly the Financial Services Act 2013 and the Contracts Act 1950, and requires proper stamping under the Stamp Act 1949 to be enforceable.
Suggested Sections

1. Parties: Identification of the Bank (guarantee beneficiary), the Guarantor (person providing guarantee), and the Principal Debtor

2. Background: Context of the guarantee, including details of the principal debt or facility being guaranteed

3. Definitions: Key terms used throughout the guarantee document, including 'Guaranteed Sum', 'Principal Debt', 'Security Documents'

4. Guarantee and Indemnity: Core guarantee obligations, amount guaranteed, and indemnity provisions

5. Scope of Guarantee: Extent of guarantor's liability, whether continuing guarantee, and coverage of future facilities

6. Guarantor's Representations and Warranties: Declarations regarding capacity, authority, and financial status of the guarantor

7. Payment Obligations: Terms of payment, including on-demand nature of guarantee and payment mechanics

8. Interest and Other Charges: Interest rates applicable on guaranteed amounts and other chargeable costs

9. Continuing Security: Provisions establishing the guarantee as a continuing security until full discharge

10. Bank's Rights and Remedies: Rights of enforcement, sale of security, and appointment of receivers

11. Preservation of Rights: Bank's right to preserve and exercise other remedies and securities

12. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction of Malaysian courts

Optional Sections

1. Security Over Assets: Required when guarantee is supported by specific asset security

2. Joint and Several Liability: Required when there are multiple guarantors

3. Assignment and Transfer: Include when the bank requires right to assign the guarantee

4. Guarantee Limit: Include when guarantee is limited to specific amount rather than all monies

5. Cross Default: Include when linked to other facilities or agreements

6. Independent Legal Advice: Recommended when guarantor is individual or small business

7. Foreign Currency Provisions: Required when guaranteed facility involves foreign currency

Suggested Schedules

1. Schedule 1 - Principal Facility Details: Details of the main facility or debt being guaranteed

2. Schedule 2 - Guarantee Limit and Interest Rates: Specific financial terms of the guarantee

3. Schedule 3 - Secured Assets: List and details of any assets securing the guarantee

4. Schedule 4 - Conditions Precedent: List of documents and conditions required before guarantee becomes effective

5. Appendix A - Form of Demand: Standard form for making demands under the guarantee

6. Appendix B - Specific Representations: Detailed representations and confirmations by guarantor

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

Wholesale Trade

Import/Export

Small and Medium Enterprises

Corporate Business

Agriculture

Technology

Healthcare

Education

Hospitality

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Secretarial

Credit Administration

Banking Operations

Corporate Banking

Document Management

Relevant Roles

Chief Financial Officer

Finance Director

Corporate Lawyer

Legal Counsel

Banking Relationship Manager

Credit Risk Manager

Company Director

Company Secretary

Compliance Officer

Treasury Manager

Financial Controller

Credit Officer

Legal Manager

Banking Officer

Risk Assessment Officer

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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