The Loan Guarantee Form is a critical legal instrument in UAE banking and commercial transactions, designed to provide security for lending arrangements. This document is utilized when a third party agrees to guarantee the repayment of a loan or other financial obligations on behalf of a borrower. The guarantee form must comply with UAE Civil Code (Federal Law No. 5 of 1985) and UAE Commercial Transactions Law (Federal Law No. 18 of 1993), particularly regarding the formation and enforcement of guarantees. It typically includes detailed provisions about the scope of the guarantee, conditions for calling on the guarantee, and the rights and obligations of all parties involved. The document is commonly used in both corporate and individual lending scenarios, requiring careful consideration of UAE Central Bank regulations and local banking practices.
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1. Parties: Identification of the Guarantor, Lender (Beneficiary), and Principal Debtor
2. Background: Context of the guarantee, reference to the underlying loan agreement, and purpose of the guarantee
3. Definitions: Key terms used throughout the guarantee document
4. Guarantee and Indemnity: Core guarantee obligations, scope of the guarantee, and indemnification provisions
5. Extent of Guarantee: Maximum amount guaranteed and nature of obligations covered
6. Duration: Term of the guarantee and conditions for termination
7. Guarantor's Representations and Warranties: Statements about the guarantor's capacity, authority, and financial condition
8. Payment Terms: Mechanics and timing of payments under the guarantee
9. Enforcement: Rights and procedures for enforcing the guarantee
10. Governing Law and Jurisdiction: Confirmation of UAE law governance and jurisdiction for disputes
1. Security: Include when the guarantee is secured by specific assets or collateral
2. Corporate Guarantor Provisions: Additional provisions required when the guarantor is a company
3. Multiple Guarantors: Provisions for joint and several liability when there is more than one guarantor
4. Currency Provisions: Required when the guarantee involves foreign currency obligations
5. Assignment and Transfer: Include when transfer rights need to be specified for either party
6. Personal Guarantee Declaration: Additional declarations required when the guarantor is an individual
1. Schedule 1 - Underlying Loan Details: Details of the principal loan agreement including amount, term, and key conditions
2. Schedule 2 - Guarantee Amount and Payment Terms: Detailed breakdown of the guarantee amount and specific payment obligations
3. Schedule 3 - Security Details: Description of any security or collateral provided (if applicable)
4. Schedule 4 - Form of Demand: Standard form for making a demand under the guarantee
5. Appendix A - Required Documents: List of supporting documents required from the guarantor
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