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Personal Guaranty Form Template for Malaysia

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Key Requirements PROMPT example:

Personal Guaranty Form

"I need a Personal Guaranty Form under Malaysian law for a commercial loan of RM 500,000, where I will be guaranteeing my company's loan obligations to ABC Bank Berhad, with the guarantee period starting from March 1, 2025."

Document background
The Personal Guaranty Form is a crucial legal instrument in Malaysian business and financial transactions, commonly used by financial institutions, businesses, and individuals to secure various types of obligations. It serves as a risk mitigation tool where one party (the guarantor) agrees to be legally bound to fulfill the financial obligations of another party (the principal debtor) if they fail to do so. The document is structured to comply with Malaysian law, particularly the Contracts Act 1950, Stamp Act 1949, and related legislation, making it enforceable in Malaysian courts. It's extensively used in lending arrangements, property transactions, and business contracts, particularly when additional security is required beyond the primary obligor's commitments. The form includes comprehensive provisions for enforcement, clearly defined obligations, and necessary protective clauses for all parties involved.
Suggested Sections

1. Parties: Identification of the Guarantor, Principal Debtor (borrower), and Beneficiary (lender)

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

3. Definitions: Key terms used throughout the guarantee document

4. Guarantee and Indemnity: Core guarantee obligations and indemnity provisions

5. Scope of Guarantee: Extent and limitations of the guarantee obligations

6. Duration: Term of the guarantee and conditions for termination

7. Guarantor's Representations and Warranties: Statements of fact and assurances given by the guarantor

8. Payment Obligations: Terms and conditions for payment under the guarantee

9. Continuing Security: Provision establishing the guarantee as a continuing obligation

10. Enforcement: Rights and procedures for enforcing the guarantee

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

Optional Sections

1. Multiple Guarantors: Additional provisions for cases involving more than one guarantor, including joint and several liability

2. Specific Assets: Details of any specific assets pledged as additional security

3. Interest Provisions: Specific provisions regarding interest calculations and payments

4. Currency Provisions: For guarantees involving foreign currency obligations

5. Assignment and Transfer: Provisions allowing for the transfer or assignment of guarantee rights

6. Cross Default: Provisions linking the guarantee to other financial obligations

7. Islamic Banking Provisions: Additional provisions for Shariah-compliant guarantees

Suggested Schedules

1. Schedule 1 - Principal Agreement Details: Details of the main agreement or debt being guaranteed

2. Schedule 2 - Guaranteed Sum: Specification of the guaranteed amount and any calculation mechanisms

3. Schedule 3 - Guarantor's Assets Declaration: Statement of the guarantor's assets and financial position

4. Appendix A - Notice Forms: Standard forms for notices under the guarantee

5. Appendix B - Payment Instructions: Banking and payment details for guarantee payments

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

Banking

Financial Services

Real Estate

Construction

Manufacturing

Retail

Small and Medium Enterprises

Corporate Finance

Islamic Banking

Property Development

Commercial Lending

Business Services

Relevant Teams

Legal

Compliance

Credit Risk

Corporate Finance

Commercial Banking

Recovery and Collections

Documentation

Credit Administration

Business Development

Islamic Banking

Relevant Roles

Credit Manager

Risk Officer

Legal Counsel

Compliance Officer

Loan Officer

Commercial Banking Manager

Corporate Finance Manager

Credit Analyst

Business Development Manager

Contract Administrator

Financial Controller

Company Director

Chief Financial Officer

Legal Manager

Recovery 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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