The Guarantor Declaration Form is a crucial document in Malaysian banking and financial transactions, required whenever a third party agrees to guarantee the obligations of a borrower. This document, governed by Malaysian law including the Contracts Act 1950 and Financial Services Act 2013, serves multiple purposes: it confirms the guarantor's understanding of their obligations, establishes their financial capacity to provide the guarantee, and documents their voluntary undertaking of the guarantee obligation. The form is particularly important in protecting both the creditor's interests and the guarantor's rights, as it creates a clear record of the guarantor's informed consent and understanding of their obligations. It typically requires proper witnessing and may need to be stamped in accordance with the Stamp Act 1949 to be admissible in Malaysian courts.
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1. Guarantor's Personal Details: Full legal name, identification details, address, and contact information of the guarantor
2. Primary Debtor Details: Identity of the primary debtor and their relationship to the guarantor
3. Primary Debt Information: Details of the debt or facility being guaranteed, including amount and terms
4. Scope of Guarantee: Clear statement of the extent and nature of the guarantee being provided
5. Guarantor's Declarations: Express declarations regarding understanding of obligations, voluntary nature of guarantee, and financial capacity
6. Independent Legal Advice: Confirmation that the guarantor has received or had the opportunity to receive independent legal advice
7. Financial Status Declaration: Declaration of current financial position, assets, and liabilities
8. Execution: Signature section with witness requirements and attestation
1. Security Details: Used when the guarantee is secured against specific assets of the guarantor
2. Multiple Guarantors: Additional section for cases involving more than one guarantor, defining joint and several liability
3. Specific Limitations: When the guarantee is limited in amount or scope
4. Corporate Guarantor Provisions: Additional declarations required when the guarantor is a company rather than an individual
5. Spousal Consent: Required when the guarantor is married and the guarantee affects matrimonial assets
1. Schedule 1 - Primary Facility Details: Detailed breakdown of the primary debt or facility being guaranteed
2. Schedule 2 - Guarantor's Asset Declaration: List of guarantor's assets and their current values
3. Schedule 3 - Required Documents: List of supporting documents to be attached to the declaration
4. Appendix A - Witness Attestation Form: Standard form for witness details and signatures
5. Appendix B - Legal Advice Certificate: Certificate from legal advisor confirming independent advice provided
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