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Guaranty Form Template for Nigeria

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Key Requirements PROMPT example:

Guaranty Form

"I need a Guaranty Form under Nigerian law where ABC Manufacturing Ltd will act as guarantor for a 5-year term loan of 50 million Naira being provided by First Nigerian Bank to XYZ Trading Company, with the guarantee to commence on March 1, 2025."

Document background
The Guaranty Form is a critical legal instrument used in Nigerian business and financial transactions where additional security is required for obligations. This document is commonly employed when a creditor requires extra assurance beyond the principal debtor's commitment, particularly in loan agreements, commercial leases, or significant business contracts. The Guaranty Form must comply with Nigerian contract law, including the Statute of Frauds requirements for written guarantees, and typically includes detailed provisions on the scope of the guarantee, enforcement mechanisms, and the rights and obligations of all parties involved. It's particularly relevant in situations where financial institutions require personal or corporate guarantees for loans, or in commercial arrangements where one party seeks additional security for the performance of contractual obligations. The document needs to be properly executed and, where required, stamped in accordance with Nigerian Stamp Duties Act to ensure enforceability.
Suggested Sections

1. Parties: Identifies all parties: the Guarantor, the Creditor (Beneficiary), and the Principal Debtor

2. Background: Explains the context of the guarantee, including the underlying obligation being guaranteed

3. Definitions: Defines key terms used throughout the guarantee agreement

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

5. Scope of Guarantee: Defines exactly what obligations are covered by the guarantee

6. Duration: Specifies when the guarantee becomes effective and when it terminates

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

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

9. Enforcement: Procedures for enforcing the guarantee and claiming payment

10. Notices: How formal communications between parties should be made

11. Governing Law and Jurisdiction: Specifies Nigerian law as governing law and jurisdiction for disputes

Optional Sections

1. Security: Include when the guarantee is secured by specific assets or collateral

2. Multiple Guarantors: Include when there is more than one guarantor, defining joint and several liability

3. Corporate Authority: Include when the guarantor is a company, detailing corporate approvals

4. Assignment and Transfer: Include when rights under the guarantee may need to be transferred

5. Currency Provisions: Include for international transactions or when payments might be in foreign currency

6. Costs and Expenses: Include when specific cost allocation needs to be addressed

7. Limitation of Liability: Include when the guarantee amount needs to be capped or limited

Suggested Schedules

1. Schedule 1 - Guaranteed Obligations: Detailed description of the obligations being guaranteed

2. Schedule 2 - Form of Demand: Template for making a formal demand under the guarantee

3. Schedule 3 - Guarantor Information: Detailed information about the guarantor including contact details and address for notices

4. Schedule 4 - Underlying Agreement: Copy or details of the principal agreement being guaranteed

5. Schedule 5 - Security Details: If applicable, details of any security provided in support of the guarantee

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

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Relevant Industries

Banking

Financial Services

Real Estate

Construction

Manufacturing

Retail

Import/Export

Commercial Lending

Small and Medium Enterprises

Corporate Finance

Infrastructure Development

Agriculture

Relevant Teams

Legal

Finance

Risk Management

Compliance

Commercial

Credit

Corporate Secretariat

Business Development

Operations

Relevant Roles

Legal Counsel

Commercial Director

Credit Manager

Risk Manager

Chief Financial Officer

Compliance Officer

Corporate Secretary

Business Development Manager

Account Manager

Financial Controller

Managing Director

Relationship Manager

Contract Administrator

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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