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Guarantor Agreement Template for Malta

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Key Requirements PROMPT example:

Guarantor Agreement

"I need a Guarantor Agreement under Maltese law where ABC Holdings Ltd will guarantee a 鈧2.5 million business loan from Mediterranean Bank plc to XYZ Developments Ltd, with the guarantee period starting from March 1, 2025."

What is a Guarantor Agreement?

The Guarantor Agreement is a crucial legal instrument in Maltese commercial and financial transactions, used when additional security is required for obligations between parties. This document, governed by Maltese law, particularly the Civil Code's provisions on suretyship, establishes a three-party relationship where a guarantor assumes responsibility for another party's obligations. The agreement is commonly used in various contexts, including loan agreements, lease arrangements, and commercial contracts, where the creditor requires additional assurance of payment or performance. The document includes essential provisions regarding the scope of the guarantee, enforcement mechanisms, and the rights and obligations of all parties, while ensuring compliance with Maltese legal requirements for valid guarantees.

What sections should be included in a Guarantor Agreement?

1. Parties: Identification of the Guarantor, Principal Debtor, and Creditor with full legal names and addresses

2. Background: Context of the guarantee, including reference to the principal debt or obligation being guaranteed

3. Definitions: Key terms used throughout the agreement, including 'Guaranteed Obligations', 'Security', and 'Event of Default'

4. Guarantee and Indemnity: Core section detailing the guarantee obligations, scope, and indemnification provisions

5. Nature and Extent of Guarantee: Specifies whether the guarantee is continuing, limited or unlimited, and any maximum liability caps

6. Guarantor's Representations and Warranties: Confirmations regarding capacity, authority, and financial condition of the Guarantor

7. Payment Provisions: Terms for making payments, including timing, method, and currency

8. Preservation of Rights: Creditor's rights preservation, including right to pursue either Guarantor or Principal Debtor

9. Enforcement: Circumstances and procedures for enforcing the guarantee

10. Costs and Expenses: Allocation of costs related to the preparation and enforcement of the guarantee

11. Notices: Communication procedures between parties

12. Governing Law and Jurisdiction: Confirmation of Maltese law governance and jurisdiction for disputes

What sections are optional to include in a Guarantor Agreement?

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

2. Joint and Several Liability: Required when there are multiple guarantors

3. Corporate Guarantor Provisions: Specific provisions required when the guarantor is a company

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

5. Bank Account Details: Include when regular payments are required under the guarantee

6. Consumer Protection Provisions: Required when the guarantor is acting as a consumer

7. Independent Legal Advice: Include when there's a requirement for the guarantor to obtain independent legal advice

8. Currency Provisions: Include for cross-border transactions involving multiple currencies

What schedules should be included in a Guarantor Agreement?

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

2. Schedule 2 - Guarantee Limitation Amount: Specific details of any caps or limitations on the guarantee amount

3. Schedule 3 - Security Assets: List and description of any assets provided as security (if applicable)

4. Schedule 4 - Principal Agreement: Copy or key terms of the agreement giving rise to the guaranteed obligations

5. Appendix A - Form of Demand: Standard form for making a demand under the guarantee

6. Appendix B - Legal Advice Certificate: Template certificate confirming independent legal advice (if required)

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

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