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Corporate Guarantee Agreement

Corporate Guarantee Agreement Template for Singapore

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Key Requirements PROMPT example:

Corporate Guarantee Agreement

"Need a Corporate Guarantee Agreement for our Singapore subsidiary to guarantee a USD 5 million loan facility being extended to our Malaysian manufacturing unit by DBS Bank, to be executed by March 2025."

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What is a Corporate Guarantee Agreement?

A Corporate Guarantee Agreement is commonly used in Singapore's business environment when a parent company or related corporate entity needs to provide financial backing for another company's obligations. This document is particularly crucial in financing arrangements, commercial contracts, and corporate group structures. The agreement, governed by Singapore law, details the scope of guaranteed obligations, enforcement mechanisms, and the guarantor's undertakings. It's essential for establishing security in business transactions and often required by banks, financial institutions, and major commercial counterparties as additional comfort for significant financial commitments.

What sections should be included in a Corporate Guarantee Agreement?

1. Parties: Identifies the guarantor, creditor, and principal debtor

2. Background: Context of the guarantee and underlying obligations

3. Definitions: Key terms used throughout the agreement

4. Guarantee and Indemnity: Core obligations of the guarantor including primary guarantee obligations and indemnity provisions

5. Nature of Guarantee: Continuing, unconditional, and irrevocable nature of the guarantee

6. Preservation of Rights: Creditor's rights preservation clauses and non-prejudice provisions

7. Representations and Warranties: Guarantor's confirmations and assurances regarding capacity and authority

8. Governing Law and Jurisdiction: Application of Singapore law and submission to Singapore courts' jurisdiction

What sections are optional to include in a Corporate Guarantee Agreement?

1. Security Provisions: Additional security arrangements when guarantee is secured by specific assets

2. Currency Provisions: Currency conversion and payment terms for cross-border transactions

3. Change of Control: Provisions dealing with impact of ownership changes in guarantor company

What schedules should be included in a Corporate Guarantee Agreement?

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

2. Schedule 2 - Form of Demand: Template format for making formal demands under the guarantee

3. Schedule 3 - Corporate Authorizations: Required board resolutions and corporate authorizations for the guarantee

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

alex.den.21@genieai.co
Relevant legal definitions

























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Industries

Companies Act (Cap. 50): Primary legislation governing corporate matters including corporate authority, execution requirements, and directors' duties and powers for Singapore companies

Civil Law Act (Cap. 43): Key legislation containing sections 6-8 regarding contracts and guarantees, including requirements for writing and signatures

Contracts Act (Cap. 32): Fundamental legislation covering contract formation, consideration requirements, and rights and obligations of contracting parties

Banking Act (Cap. 19): Regulatory framework for financial institutions, relevant when the guarantee involves banks or financial institutions

Insolvency, Restructuring and Dissolution Act 2018: Legislation governing corporate insolvency, including the impact of guarantor's insolvency and voidable transactions

Limitation Act (Cap. 163): Statute defining time limits for enforcement and prescription periods for legal actions

Common Law Principles - Guarantees: Judicial precedents and principles specifically relating to the formation, interpretation and enforcement of guarantees

Common Law Principles - Contract Interpretation: Established legal principles for interpreting contractual terms and determining parties' intentions

Ultra Vires Doctrine: Legal principle concerning the scope of a company's powers and authority to enter into guarantee arrangements

Corporate Benefit Rules: Legal principles requiring that guarantee arrangements must be for the commercial benefit of the guarantor company

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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