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Guarantor Contract Template for Singapore

A legally binding agreement under Singapore law where a guarantor commits to fulfill the obligations of a principal debtor if they default. The document outlines the scope of the guarantee, conditions for enforcement, and the rights and obligations of all parties. It complies with Singapore's Civil Law Act requirements for written guarantees and incorporates relevant banking and financial regulations where applicable.

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What is a Guarantor Contract?

A Guarantor Contract is essential in Singapore's business and financial landscape where third-party security is required for various transactions. This document is typically used when a creditor requires additional security beyond the principal debtor's covenant, such as in loan agreements, lease arrangements, or commercial contracts. The contract must comply with Singapore's strict requirements for written guarantees under the Civil Law Act and related legislation. It details the guaranteed obligations, enforcement mechanisms, and the extent of the guarantor's liability, while protecting the rights of all parties involved.

What sections should be included in a Guarantor Contract?

1. Parties: Details of the Creditor, Principal Debtor, and Guarantor

2. Background: Context of the underlying debt and reason for guarantee

3. Definitions: Key terms used throughout the agreement

4. Guarantee and Indemnity: Core obligations of the guarantor including scope and extent of guarantee

5. Nature of Guarantee: Whether continuing guarantee or limited to specific obligations

6. Payment Terms: Conditions and timing of guarantee payments

7. Guarantor's Representations: Warranties about capacity and authority to enter into guarantee

8. Enforcement: Creditor's rights to enforce the guarantee and remedies

9. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

What sections are optional to include in a Guarantor Contract?

1. Security Provisions: Additional provisions when guarantee is secured against specific assets

2. Multiple Guarantors: Joint and several liability provisions for multiple guarantors

3. Foreign Currency Provisions: Exchange rate and currency conversion terms for foreign currency obligations

4. Corporate Guarantor Provisions: Additional representations and warranties specific to corporate guarantors

What schedules should be included in a Guarantor Contract?

1. Schedule 1 - Guaranteed Obligations: Detailed list of the underlying debt or obligations being guaranteed

2. Schedule 2 - Security Details: Description of any assets or collateral securing the guarantee

3. Schedule 3 - Form of Demand: Standard template for making demands under the guarantee

4. Schedule 4 - Corporate Authorizations: Copies of relevant board resolutions and corporate approvals

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

Jurisdiction

Singapore

Document Type

Guarantee Agreement

Sector

Banking

Cost

Free to use

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