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Guarantee Agreement for Nigeria

Guarantee Agreement Template for Nigeria

A Nigerian law-governed Guarantee Agreement is a legally binding document where one party (the Guarantor) promises to fulfill the obligations of another party (the Principal Debtor) to a third party (the Beneficiary) if the Principal Debtor fails to do so. The agreement must comply with Nigerian contract law principles and specific regulations governing guarantees, including the Statute of Frauds requirements. It typically includes detailed provisions on the scope of the guarantee, payment mechanisms, enforcement rights, and termination conditions, while incorporating specific requirements under Nigerian banking and financial regulations where applicable.

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What is a Guarantee Agreement?

The Guarantee Agreement is a crucial financial and legal instrument in Nigerian business transactions, commonly used to secure obligations in various commercial contexts. This document type is essential when a party requires additional security for obligations owed by another party, particularly in lending, construction, or general commercial arrangements. The agreement must be carefully structured to comply with Nigerian law, including the Contract Law Act, Statute of Frauds, and relevant financial regulations. Guarantee Agreements are particularly important in the Nigerian business environment where they provide additional security for creditors and help facilitate business transactions by reducing credit risk. The document typically includes comprehensive details about the guaranteed obligations, conditions for enforcement, and the extent of the guarantor's liability, while ensuring compliance with local stamping requirements and banking regulations.

What sections should be included in a Guarantee Agreement?

1. Parties: Identifies the Guarantor, the Beneficiary (creditor), and the Principal Debtor

2. Background: Describes the underlying transaction or relationship being guaranteed and the purpose of the guarantee

3. Definitions and Interpretation: Defines key terms and establishes interpretation rules for the agreement

4. Guarantee and Indemnity: Core section establishing the guarantee obligations and indemnity provisions

5. Scope of Guarantee: Defines the extent and limitations of the guaranteed obligations

6. Duration and Nature of Guarantee: Specifies whether continuing guarantee and when it terminates

7. Guarantor's Representations and Warranties: Statements about the Guarantor's capacity and authority to provide the guarantee

8. Payment Mechanics: Details how and when payments under the guarantee must be made

9. Preservation of Rights: Maintains the Beneficiary's rights in various circumstances

10. Discharge and Release: Conditions for discharge of the guarantee obligations

11. Notices: Communication requirements and contact details

12. Governing Law and Jurisdiction: Confirms Nigerian law applies and specifies jurisdiction for disputes

13. Execution: Signature blocks and execution formalities

What sections are optional to include in a Guarantee Agreement?

1. Security: Include when the guarantee is supported by specific security arrangements

2. Currency Provisions: Required for guarantees involving foreign currency obligations

3. Corporate Authorizations: Include when the Guarantor is a corporate entity

4. Assignment and Transfer: Include if the parties want to allow transfer of guarantee rights

5. Counter-Indemnity: Include when the Guarantor requires indemnification from the Principal Debtor

6. Multiple Guarantors: Include provisions for contribution and joint liability when there are multiple guarantors

7. Costs and Expenses: Optional detailed provisions about who bears various costs

8. Priority and Subordination: Include when there are multiple creditors or competing securities

What schedules should be included in a Guarantee Agreement?

1. Form of Demand: Template for making demands under the guarantee

2. Guaranteed Obligations: Detailed description of the obligations being guaranteed

3. Security Details: Details of any security provided in support of the guarantee

4. Corporate Authorizations: Copies of relevant board resolutions and authorizations

5. Payment Details: Bank account and payment instruction details

6. Underlying Agreement: Copy or key terms of the agreement being guaranteed

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Nigeria

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions






























Clauses




























Relevant Industries

Banking and Financial Services

Real Estate

Construction

Manufacturing

Oil and Gas

Telecommunications

Retail

Import/Export

Agriculture

Infrastructure Development

Professional Services

General Commerce

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Commercial Operations

Corporate Secretariat

Credit

Business Development

Contract Administration

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Commercial Director

Credit Risk Manager

Treasury Manager

Compliance Officer

Corporate Secretary

Business Development Manager

Contract Manager

Risk Officer

Banking Relationship Manager

Securities Officer

Financial Controller

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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