The Loan Guarantor Agreement Form is a crucial legal document used in Malaysian lending transactions when a third party (Guarantor) agrees to guarantee the repayment of a loan taken by a Borrower. This agreement is particularly important in commercial lending, property financing, and business loans where additional security is required by financial institutions. The document complies with Malaysian legal requirements, including the Contracts Act 1950, Financial Services Act 2013, and relevant banking regulations. It typically includes comprehensive details about the guaranteed loan, the extent of the Guarantor's liability, enforcement mechanisms, and the conditions under which the guarantee can be called upon. This form is essential for protecting the Lender's interests while clearly defining the Guarantor's obligations and rights under Malaysian law.
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1. Parties: Identifies and defines the Lender, Borrower, and Guarantor with their full legal names and addresses
2. Background: Explains the context of the loan agreement and the Guarantor's role in guaranteeing the Borrower's obligations
3. Definitions: Defines key terms used throughout the agreement including 'Guaranteed Obligations', 'Security', and 'Event of Default'
4. Guarantee and Indemnity: Core section detailing the Guarantor's obligations and the scope of the guarantee
5. Nature of Guarantee: Specifies that the guarantee is continuing, irrevocable, and unconditional
6. Guarantor's Representations and Warranties: Statements of fact and promises made by the Guarantor regarding their capacity and authority
7. Preservation of Rights: Provisions ensuring the guarantee remains valid despite changes to the underlying loan or borrower's circumstances
8. Payments: Details of how and when the Guarantor must make payments upon demand
9. Costs and Expenses: Allocation of legal and enforcement costs
10. Notices: Procedures for formal communications between parties
11. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and jurisdiction for disputes
1. Security: Used when the Guarantor provides specific assets as security for the guarantee
2. Joint and Several Liability: Required when there are multiple guarantors
3. Assignment and Transfer: Included when parties want to allow for possible transfer of rights under the guarantee
4. Independent Legal Advice: Recommended when the Guarantor is an individual or small business
5. Limited Recourse: Used when the guarantee is to be limited to specific assets or amounts
6. Currency Provisions: Required for cross-border transactions involving multiple currencies
7. Tax Provisions: Included when tax implications need specific addressing
1. Schedule 1: Loan Agreement Details: Summary of the main loan agreement being guaranteed, including amount, term, and key conditions
2. Schedule 2: Guarantor Information: Detailed information about the Guarantor including financial status and contact details
3. Schedule 3: Security Details: Description of any security provided by the Guarantor (if applicable)
4. Schedule 4: Demand Form: Template form for making formal demands under the guarantee
5. Appendix A: Copy of Loan Agreement: Attached copy of the underlying loan agreement being guaranteed
6. Appendix B: Legal Advice Certificate: Certificate confirming independent legal advice received (if applicable)
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