The Loan Personal Guarantee Form is a crucial document in Malaysian lending practices, used when additional security is required for a loan facility. This document is essential when a lender requires extra assurance beyond the borrower's own creditworthiness, typically in situations involving substantial loans, business financing, or when the primary borrower has limited credit history. The guarantee form, governed by Malaysian law including the Contracts Act 1950 and Financial Services Act 2013, creates a legally binding commitment from the guarantor to repay the loan if the primary borrower defaults. It includes detailed provisions about the guarantee's scope, the guarantor's obligations, enforcement procedures, and the specific circumstances under which the guarantee can be called upon. This document is widely used in both corporate and personal lending scenarios across Malaysia's financial sector.
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1. Parties: Identification of the Guarantor, Principal Debtor (Borrower), and Lender with complete details
2. Background: Recitals explaining the context of the loan agreement and the purpose of this guarantee
3. Definitions: Definitions of key terms used throughout the guarantee document
4. Guarantee and Indemnity: Core provisions establishing the guarantee, its scope, and the guarantor's obligations
5. Extent of Guarantor's Liability: Details of the maximum liability and nature of the guarantee (continuing guarantee)
6. Representations and Warranties: Guarantor's confirmations regarding their capacity and authority to provide the guarantee
7. Preservation of Rights: Lender's rights preservation and circumstances that don't discharge the guarantee
8. Payments: Payment obligations, method, and timing of payments by the guarantor
9. Enforcement: Circumstances and process for enforcing the guarantee
10. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction of Malaysian courts
1. Security: Required if the guarantee is secured by specific assets of the guarantor
2. Joint and Several Liability: Needed when there are multiple guarantors
3. Assignment and Transfer: Include if the lender wants the right to assign the guarantee
4. Independent Legal Advice: Confirmation section when the guarantor has received independent legal advice
5. Corporate Authority: Required if the guarantor is a corporation rather than an individual
6. Currency Provisions: Needed if the loan is in a foreign currency
1. Schedule 1 - Principal Loan Agreement Details: Details of the underlying loan agreement being guaranteed
2. Schedule 2 - Guarantor Information: Detailed information about the guarantor including address and contact details
3. Schedule 3 - Guarantee Limit and Terms: Specific financial limits and terms of the guarantee
4. Appendix A - Form of Demand: Standard form for making a demand under the guarantee
5. Appendix B - Guarantor's Certificate: Certificate confirming guarantor's financial status and understanding
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Commercial Lending
Retail Banking
Corporate Banking
Small Business Lending
Microfinance
Real Estate Finance
Asset Finance
Private Lending
Relevant Teams
Legal
Credit Risk
Compliance
Corporate Banking
Retail Banking
Documentation
Risk Management
Credit Administration
Operations
Client Relations
Relevant Roles
Credit Manager
Loan Officer
Legal Counsel
Risk Manager
Compliance Officer
Banking Relationship Manager
Credit Analyst
Corporate Banking Officer
Legal Documentation Specialist
Credit Risk Officer
Branch Manager
Senior Loan Administrator
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