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Guarantee And Indemnity Agreement

Guarantee And Indemnity Agreement Template for Malaysia

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Key Requirements PROMPT example:

Guarantee And Indemnity Agreement

"I need a Guarantee and Indemnity Agreement for my Malaysian holding company to guarantee a RM 5 million facility agreement that my subsidiary is entering into with Bank Negara on March 15, 2025; the guarantee should be continuing and unconditional."

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Document background
The Guarantee And Indemnity Agreement is a fundamental security document widely used in Malaysian commercial and financial transactions. It is typically required when a creditor seeks additional security for obligations owed by a principal debtor, such as in loan agreements, facility agreements, or commercial contracts. The document combines two distinct legal concepts: a guarantee (a secondary obligation that becomes active upon the principal debtor's default) and an indemnity (a primary obligation independent of the underlying debt). This dual structure, compliant with Malaysian law, particularly the Contracts Act 1950 and Financial Services Act 2013, provides creditors with robust protection. The agreement is commonly used in corporate group structures, project financing, and commercial lending, where parent companies guarantee subsidiaries' obligations or where additional security is required for significant financial commitments.
Suggested Sections

1. Parties: Identification of the guarantor(s), creditor/beneficiary, and principal debtor

2. Background: Context of the guarantee, reference to the principal agreement or facility, and purpose of the guarantee

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Guarantee: Core guarantee obligations, scope of guaranteed liabilities, and nature of guarantee (continuing, unconditional, etc.)

5. Indemnity: Indemnity obligations of the guarantor, separate from guarantee provisions

6. Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and financial condition

7. Preservation of Rights: Creditor's rights preservation, including non-discharge provisions and independence from principal debt

8. Payments: Payment obligations, currency, method, and timing of payments

9. Costs and Expenses: Responsibility for legal fees, stamp duty, and enforcement costs

10. Notices: Communication procedures and contact details

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

Optional Sections

1. Security: Required when the guarantee is supported by specific security arrangements

2. Multiple Guarantors: Additional provisions for joint and several liability when there are multiple guarantors

3. Assignment and Transfer: Needed when rights under the guarantee may be assigned or transferred

4. Principal Debtor Covenants: Include when specific obligations of the principal debtor need to be referenced or incorporated

5. Limitation of Liability: Required when guarantor's liability needs to be capped or limited in specific ways

6. Change of Parties: Necessary when there may be changes in the identity of guarantors or beneficiaries

7. Bank Account Details: Required when specific payment arrangements need to be documented

Suggested Schedules

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

2. Schedule 2 - Principal Agreement: Copy or key terms of the underlying agreement giving rise to the guaranteed obligations

3. Schedule 3 - Security Documents: List and/or copies of related security documents if applicable

4. Schedule 4 - Form of Notice: Standard form for any notices required under the agreement

5. Schedule 5 - Conditions Precedent: List of documents and conditions required before guarantee becomes effective

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 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

























Clauses




























Relevant Industries

Banking and Financial Services

Real Estate

Construction

Manufacturing

Trading and Commerce

Infrastructure

Energy

Telecommunications

Healthcare

Education

Hospitality

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Secretariat

Credit Control

Commercial Operations

Corporate Finance

Banking Operations

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Secretary

Treasury Manager

Risk Manager

Credit Manager

Commercial Director

Managing Director

Chief Executive Officer

Legal Manager

Compliance Officer

Banking Relationship Manager

Corporate Finance Manager

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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