Release Of Guarantee Agreement Template for Singapore

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Key Requirements PROMPT example:

Release Of Guarantee Agreement

"I need a Release of Guarantee Agreement under Singapore law to release my company as guarantor from a corporate guarantee provided to ABC Bank Limited in relation to a facility agreement dated 15 March 2025, where the underlying loan has been fully repaid."

Document background
A Release of Guarantee Agreement is utilized when parties wish to formally terminate guarantee obligations, typically following the satisfaction of underlying obligations or as part of a broader restructuring arrangement. Under Singapore law, this document must be carefully drafted to ensure compliance with statutory requirements and to provide clear evidence of the parties' intention to release the guarantee. The agreement typically includes details of the original guarantee, the scope of the release, and any conditions attached to the release. This document is particularly important as it provides legal certainty and protection for the guarantor against future claims.
Suggested Sections

1. Parties: Identification of guarantor being released and party providing the release

2. Background: Details of original guarantee and circumstances leading to release

3. Definitions: Key terms used in the agreement including 'Original Guarantee', 'Principal Debtor', etc.

4. Release: Core provision releasing guarantor from obligations under original guarantee

5. Effective Date: When the release takes effect

6. Governing Law: Specification of Singapore law as governing law

Optional Sections

1. Partial Release: Used when only certain obligations are being released while others remain in effect

2. Return of Documents: Provisions regarding return of original guarantee documents when physical guarantee documents exist

3. Surviving Obligations: Specifies any obligations that survive the release when certain obligations are intended to continue

Suggested Schedules

1. Original Guarantee: Copy or details of the guarantee being released

2. Related Security Documents: List of related security documents affected by the release

3. Corporate Authorizations: Where corporate parties are involved, relevant board resolutions or authorizations

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

Industries

Contracts Act 1872: Primary legislation governing contract formation, validity, and enforcement in Singapore (Chapter 53). Establishes fundamental principles of contract law including offer, acceptance, and consideration.

Civil Law Act: Chapter 43 of Singapore laws, particularly Section 6 which requires guarantees to be in writing and signed to be enforceable.

Statute of Frauds 1677: Historical legislation still applicable in Singapore law, particularly relevant for formal requirements of guarantee agreements.

Contract Formation Requirements: Essential elements including offer, acceptance, consideration, capacity of parties, and intention to create legal relations must be present for valid release.

Written Form Requirement: Legal requirement under Singapore law that guarantee agreements and their release must be in writing and signed by the party to be charged.

Companies Act: Relevant when corporate guarantors are involved, governing corporate capacity and authority to provide and release guarantees.

Banking Act: Applicable when the guarantee relates to banking facilities or financial institutions in Singapore.

Bankruptcy Act: Considerations regarding the impact of bankruptcy on guarantees and their release, particularly for individual guarantors.

Property Law: Relevant legal framework when the guarantee relates to property transactions or secured real estate.

Discharge Doctrine: Common law principles governing how obligations under a guarantee can be properly discharged or released.

Contract Variation Rules: Legal principles governing how existing contracts can be modified, particularly relevant for releasing guarantees.

Waiver and Estoppel: Common law principles that may affect the validity and enforcement of guarantee releases.

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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