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Guaranty Of Lease Agreement Template for Malaysia

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Key Requirements PROMPT example:

Guaranty Of Lease Agreement

"I need a Guaranty of Lease Agreement where ABC Corporation acts as guarantor for XYZ Retail's lease of a shopping mall space in Kuala Lumpur, with the guarantee capped at RM 500,000 and valid until March 2025."

Document background
The Guaranty of Lease Agreement is a crucial document in Malaysian property transactions, commonly used when landlords require additional security beyond the tenant's own covenant. This requirement often arises in commercial leases, corporate tenancies, or situations where the tenant has limited trading history or financial strength. The document provides comprehensive protection for landlords while clearly defining the guarantor's obligations and limitations. It must comply with Malaysian legislation, particularly the Contracts Act 1950 and the National Land Code 1965, and requires proper stamping under the Stamp Act 1949 to be admissible in court. The agreement typically includes detailed provisions about the scope of guarantee, enforcement mechanisms, and the duration of the guarantor's obligations, making it an essential tool in Malaysian property leasing arrangements.
Suggested Sections

1. Parties: Identifies the Guarantor, Landlord (beneficiary of the guarantee), and reference to the Tenant

2. Background: Recitals explaining the context of the guarantee, referring to the main lease agreement and the requirement for a guarantee

3. Definitions: Defines key terms used in the agreement, including 'Lease', 'Guaranteed Obligations', 'Property', and other relevant terms

4. Guarantee and Indemnity: Core section establishing the guarantee and indemnity obligations of the guarantor

5. Scope of Guarantee: Detailed description of what obligations are covered by the guarantee

6. Duration of Guarantee: Specifies how long the guarantee remains in effect and any conditions for termination

7. Guarantor's Obligations: Specific duties and responsibilities of the guarantor, including payment obligations and performance guarantees

8. Preservation of Guarantee: Circumstances under which the guarantee remains valid despite changes to the lease or tenant's status

9. Landlord's Rights: Powers and rights of the landlord in enforcing the guarantee

10. Representations and Warranties: Guarantor's confirmations about their capacity and authority to provide the guarantee

11. Notices: Requirements for serving notices under the guarantee agreement

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

Optional Sections

1. Corporate Guarantor Provisions: Additional provisions specific to corporate guarantors, including board resolutions and financial covenants

2. Joint Guarantors: Provisions dealing with multiple guarantors and their joint and several liability

3. Security Provisions: Additional security measures such as charges over assets or bank guarantees

4. Step-In Rights: Rights of guarantor to take over the lease in case of tenant default

5. Guarantee Limit: If the guarantee is to be capped at a specific amount or limited in scope

6. Assignment and Transfer: Provisions regarding the transfer or assignment of the guarantee rights

7. Financial Reporting: Requirements for guarantor to provide periodic financial information

Suggested Schedules

1. Schedule 1 - The Lease: Copy or key details of the main lease agreement being guaranteed

2. Schedule 2 - Guaranteed Obligations: Detailed list of the specific obligations being guaranteed

3. Schedule 3 - Property Details: Description and details of the leased property

4. Schedule 4 - Guarantor Information: Detailed information about the guarantor including address and contact details

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

6. Appendix B - Corporate Authority Documents: For corporate guarantors, copies of relevant corporate authorizations

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





















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Relevant Industries

Real Estate

Commercial Property

Residential Property

Retail

Office Space

Industrial

Hospitality

Shopping Centers

Warehousing

Manufacturing

Education

Healthcare

Relevant Teams

Legal

Real Estate

Property Management

Risk Management

Compliance

Operations

Finance

Corporate Affairs

Facilities Management

Asset Management

Contract Administration

Relevant Roles

Property Manager

Real Estate Manager

Legal Counsel

Corporate Lawyer

Leasing Manager

Asset Manager

Facilities Manager

Commercial Director

Risk Manager

Compliance Officer

Contract Administrator

Property Director

Chief Financial Officer

Company Secretary

Operations 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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