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Parent Guarantee Agreement

Parent Guarantee Agreement Generator for Singapore

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Key Requirements PROMPT example:

Parent Guarantee Agreement

"Need a Parent Guarantee Agreement under Singapore law where our Hong Kong parent company will guarantee a S$50 million loan facility that our Singapore subsidiary is taking from DBS Bank in March 2025."

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Document background
A Parent Guarantee Agreement is commonly used in Singapore when a subsidiary or related company requires additional creditworthiness or security for its obligations. This document is particularly relevant in corporate financing, major commercial contracts, and cross-border transactions where the parent company's strength is needed to support the subsidiary's commitments. The agreement, governed by Singapore law, typically includes detailed provisions on the scope of guaranteed obligations, enforcement mechanisms, and the continuing nature of the guarantee. It's essential for risk mitigation and often required by financial institutions or major commercial partners.
Suggested Sections

1. Parties: Identification of guarantor (parent company), beneficiary, and principal debtor

2. Background: Context of the guarantee, underlying obligations, and relationship between parties

3. Definitions: Key terms used throughout the agreement including Guaranteed Obligations

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

5. Nature of Guarantee: Continuing, unconditional, and irrevocable nature of the guarantee

6. Preservation of Rights: Beneficiary's rights and their preservation

7. Payments: Payment obligations, timing, and method

8. Representations and Warranties: Guarantor's statements regarding capacity and authority

9. Governing Law and Jurisdiction: Singapore law provisions and jurisdiction

Optional Sections

1. Currency Provisions: Required for cross-border guarantees involving multiple currencies

2. Tax Gross-up: Include when tax deductions may apply to guarantee payments

3. Assignment: Include if parties want to allow/restrict transfer of rights

4. Financial Covenants: Include for monitoring guarantor's financial health

Suggested Schedules

1. Form of Demand: Template for making demands under the guarantee

2. Underlying Agreement: Copy or summary of the agreement being guaranteed

3. Corporate Authorizations: Required board resolutions and corporate approvals

4. Guarantor Financial Information: Optional schedule of relevant financial metrics or statements

Authors

Alex Denne

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

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alex.den.21@genieai.co
Industries

Contracts Act (Cap. 53): Primary legislation governing contract formation, consideration requirements, and overall validity and enforceability of guarantees in Singapore

Civil Law Act (Cap. 43): Key legislation containing Section 6 which specifically deals with guarantees, including requirements for writing and signatures

Companies Act (Cap. 50): Regulates corporate capacity to provide guarantees, corporate benefit requirements, and directors' duties in relation to guarantee agreements

Banking Act (Cap. 19): Relevant when guarantees involve financial institutions, setting out regulatory compliance requirements for banking-related guarantees

Bankruptcy Act (Cap. 20): Governs situations involving guarantor insolvency and establishes rights of creditors in bankruptcy scenarios

Limitation Act (Cap. 163): Sets out time limits for enforcement and prescription periods for guarantee-related claims

Common Law Principles: Encompasses rules regarding guarantee contracts, principles of construction and interpretation, discharge of guarantees, and rights of subrogation and indemnity

Registration Requirements: Various registration obligations that may apply to guarantee agreements under Singapore law

Stamp Duty Requirements: Fiscal requirements regarding stamp duty that may be applicable to guarantee agreements

Cross-border Enforcement: Considerations for enforcement of guarantees involving international parties or cross-border elements

Foreign Exchange Regulations: Regulatory requirements regarding foreign exchange transactions when guarantee involves international parties

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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