The Loan Guarantor Agreement is a crucial document in Singapore's lending landscape, typically used when additional security is required for a loan facility. It creates a legally binding commitment from a third party to assume responsibility for a borrower's debt obligations in case of default. This agreement must comply with Singapore's strict regulatory framework, including the Civil Law Act and Banking Act requirements. It's particularly important in commercial lending, property financing, and business loans where the primary borrower's creditworthiness needs enhancement. The agreement details the scope of the guarantee, enforcement mechanisms, and the guarantor's obligations while incorporating specific provisions required under Singapore law.
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Key Requirements PROMPT example:
Loan Guarantor Agreement
"Need a Loan Guarantor Agreement under Singapore law for my company to guarantee a SGD 2 million business loan taken by our subsidiary, with the guarantee period starting from March 2025 and running for 5 years."
1. Parties: Identification of creditor, debtor, and guarantor with full details
2. Background: Context of the underlying loan and reason for guarantee
3. Definitions: Key terms used throughout the agreement including definitions from relevant Singapore legislation
4. Guarantee and Indemnity: Core obligations of the guarantor including scope of guarantee and indemnity provisions
5. Scope of Guarantee: Extent and limitations of the guarantee, including compliance with Singapore banking regulations
6. Duration: Term of the guarantee and conditions for termination
7. Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and compliance with Singapore law
8. Enforcement: Creditor's rights and remedies under Singapore law
9. Governing Law and Jurisdiction: Explicit statement of Singapore law as governing law and jurisdiction of Singapore courts
1. Security: Details of any collateral provided and registration requirements under Singapore law
2. Multiple Guarantors: Joint and several liability provisions for multiple guarantors
3. Currency Provisions: Exchange rate and currency considerations for cross-border transactions
4. Data Protection: Provisions relating to Personal Data Protection Act 2012 compliance
1. Schedule 1 - Principal Agreement: Details of the underlying loan agreement
2. Schedule 2 - Guaranteed Obligations: Specific details of the obligations being guaranteed
3. Schedule 3 - Security Details: Description of any security provided (if applicable)
4. Appendix A - Form of Demand: Template for making demands under the guarantee
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