The Continuing Guarantee Agreement is a crucial financial security instrument in Malaysian commercial practice, commonly used when a lender requires additional security beyond the borrower's own covenant. This document type is particularly relevant when a parent company guarantees its subsidiary's obligations, or when directors or shareholders personally guarantee corporate borrowings. The agreement, governed by Malaysian law, specifically the Contracts Act 1950 and Financial Services Act 2013, establishes an ongoing guarantee that remains effective until properly terminated, covering both existing and future obligations. It includes detailed provisions for enforcement, guarantor's obligations, lender's rights, and necessary Malaysian law compliance requirements, including proper stamping under the Stamp Act 1949.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership of your docs
1. Parties: Identification of the Guarantor, Principal Debtor (borrower), and Beneficiary (lender)
2. Background: Context of the guarantee, reference to the primary facility/agreement being guaranteed
3. Definitions and Interpretation: Key terms used in the agreement, including 'Guaranteed Obligations', 'Security', and interpretation rules
4. Guarantee and Indemnity: Core guarantee obligations, scope of the continuing guarantee, and indemnity provisions
5. Nature of Guarantee: Specification that this is a continuing security, covering present and future obligations
6. Preservation of Rights: Lender's rights preservation, including ability to pursue guarantor without first pursuing borrower
7. Representations and Warranties: Guarantor's confirmations about their capacity and authority to enter into the guarantee
8. Payments: Payment obligations, currency, method, and timing of payments
9. Costs and Expenses: Responsibility for legal fees, stamp duty, and enforcement costs
10. Duration and Release: Terms for the continuation and termination of the guarantee
11. Notices: Communication requirements and contact details
12. Assignment and Transfer: Rights to assign or transfer the guarantee
13. Governing Law and Jurisdiction: Specification of Malaysian law and courts' jurisdiction
1. Multiple Guarantors: Required when there is more than one guarantor, specifying joint and several liability
2. Security Provisions: Used when specific assets are provided as additional security for the guarantee
3. Set-Off Rights: Optional rights for the lender to set off amounts against guarantor's accounts
4. Foreign Currency Provisions: Required when guaranteed obligations involve multiple currencies
5. Corporate Guarantor Provisions: Specific provisions required when the guarantor is a company
6. Subordination: Used when the guarantor's claims need to be subordinated to the lender's rights
7. Islamic Banking Provisions: Required when the guarantee needs to be Shariah-compliant
1. Schedule 1 - Primary Facility: Details of the main facility or agreement being guaranteed
2. Schedule 2 - Guaranteed Obligations: Specific list or description of obligations covered by the guarantee
3. Schedule 3 - Conditions Precedent: List of documents and conditions required before guarantee becomes effective
4. Schedule 4 - Form of Notice: Standard forms for any notices required under the guarantee
5. Schedule 5 - Security Assets: Description of any assets provided as security (if applicable)
6. Appendix A - Board Resolution: Format for corporate authorization (for corporate guarantors)
Find the exact document you need
Guarantor Agreement For Employment
A Malaysian law-compliant agreement where a guarantor provides security for an employee's employment-related obligations and performance.
Download
Agreement Of Personal Guaranty
A Malaysian law-governed agreement where an individual personally guarantees the financial obligations of another party to a creditor.
Download
Guarantee Lease Agreement
A Malaysian law-governed agreement combining property lease terms with a third-party guarantee to secure tenant obligations.
Download
Guarantee And Indemnity Contract Of Sale
A Malaysian law-governed document combining guarantee and indemnity provisions with a sale contract, where a guarantor secures the seller's obligations to the buyer.
Download
Guaranty Of Lease Agreement
A Malaysian law-governed agreement where a guarantor undertakes to fulfill a tenant's lease obligations in case of default.
Download
Performance Bond Agreement
A Malaysian law-governed financial guarantee instrument where a guarantor undertakes to pay a specified sum if a principal fails to meet their contractual obligations.
Download
Payment Guarantee Agreement
A Malaysian law-governed agreement where a Guarantor legally commits to ensuring payment obligations of a Principal Debtor to a Beneficiary.
Download
Personal Guarantee Rental Agreement
A Malaysian legal document where a guarantor assumes responsibility for a tenant's rental obligations in case of default, governed by Malaysian contract and property law.
Download
Personal Guarantee Lease Agreement
A Malaysian law-governed agreement combining a property lease with a personal guarantee, ensuring additional security for the landlord through guarantor commitment.
Download
Personal Guarantee Agreement
A Malaysian law-governed agreement where an individual guarantees to fulfill another party's financial obligations if they default, commonly used in business and lending transactions.
Download
Joint Guarantee Agreement
A Malaysian law-governed agreement where multiple guarantors jointly secure a debtor's obligations to a creditor with joint and several liability.
Download
Guaranty Agreement
A Malaysian law-governed agreement where a guarantor assumes responsibility for another party's financial obligations, structured according to Malaysian legal requirements and regulations.
Download
Guaranteed Payment Agreement
A Malaysian law-governed agreement where a guarantor ensures payment obligations of a debtor to a beneficiary, compliant with local banking and contract laws.
Download
Guarantee Rental Agreement
A Malaysian law-governed agreement where a guarantor ensures a tenant's rental obligations, providing additional security to the landlord.
Download
Continuing Guarantee Agreement
A Malaysian law-governed agreement where a guarantor provides continuing security for a borrower's present and future obligations to a lender.
Download
Lease Contract Guaranty
A Malaysian law-governed guarantee agreement where a third party guarantees a tenant's obligations under a lease agreement, providing additional security to the landlord.
Download
Guarantor Rental Agreement
A Malaysian law-governed agreement where a guarantor assumes responsibility for a tenant's rental obligations to provide additional security to the landlord.
Download
Guaranty Fee Agreement
A Malaysian law-governed agreement establishing the terms for payment of fees in consideration of providing a guarantee, including calculation methodology and payment obligations.
Download
Guarantor Tenancy Agreement
A Malaysian law-governed agreement combining standard tenancy terms with guarantor provisions, ensuring additional security for landlords through third-party guarantee of tenant obligations.
Download
Rent Guarantee Agreement
A Malaysian law-governed agreement where a guarantor provides security for a tenant's rental obligations under a tenancy agreement.
Download
Investment Guarantee Agreement
A Malaysian law-governed agreement providing investment protection guarantees and risk mitigation measures for foreign investments in Malaysia.
Download
Personal Guarantee Promissory Note
A Malaysian law-governed document combining a promissory note with a personal guarantee, creating both payment and guarantee obligations under Malaysian banking and contract laws.
Download
Personal Guarantee Letter
A Malaysian law-governed document where an individual guarantees to fulfill another party's financial obligations if they default.
Download
Contract Performance Guarantee
A Malaysian law-governed guarantee instrument where a guarantor (typically a bank) provides financial security for a party's contractual performance obligations.
Download
Guarantor Lease Agreement
A Malaysian law-governed agreement where a guarantor assumes responsibility for a tenant's lease obligations in case of default.
Download
ұԾ’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; ұԾ’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)