Suretyship Agreement Generator for Singapore

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Key Requirements PROMPT example:

Suretyship Agreement

"Need a Suretyship Agreement under Singapore law for my company to guarantee a $5M loan facility being provided to our subsidiary by ABC Bank, to be effective from March 2025, with a maximum liability cap of $6M including interest."

Document background
A Suretyship Agreement is utilized when a party requires additional security for obligations owed by another party. Common in Singapore's commercial landscape, this document creates a three-way relationship between creditor, principal debtor, and surety. The agreement specifies the scope of guaranteed obligations, conditions for enforcement, and the surety's rights and obligations. Under Singapore law, the Suretyship Agreement must be in writing and comply with specific statutory requirements under the Civil Law Act. It's particularly important in commercial financing, property leasing, and business transactions where additional security is required.
Suggested Sections

1. Parties: Identifies and defines the Creditor, Principal Debtor, and Surety

2. Background: Sets out the context of the principal debt and reason for suretyship

3. Definitions: Defines key terms used throughout the agreement including Principal Obligations, Guaranteed Sum, and Security

4. Guarantee and Indemnity: Core obligations of the surety including the scope of guarantee and indemnification provisions

5. Principal Obligations: Details of the underlying debt or obligation being guaranteed, including amount, terms, and conditions

6. Continuing Security: Nature and extent of the surety's liability and the continuing nature of the guarantee

7. Representations and Warranties: Statements and assurances made by the surety regarding their capacity and authority

8. Enforcement: Circumstances and process for enforcing the guarantee, including default provisions

9. Discharge and Release: Conditions under which the surety may be discharged from obligations

10. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction

Optional Sections

1. Additional Security: Provisions regarding other forms of security provided alongside the guarantee

2. Joint and Several Liability: Provisions specifying liability arrangements when multiple sureties are involved

3. Currency Provisions: Specific provisions for handling currency conversion and payment terms in cross-border transactions

4. Assignment and Transfer: Provisions regarding the ability to assign or transfer rights under the guarantee

Suggested Schedules

1. Schedule 1 - Principal Agreement: Copy of the underlying agreement being guaranteed

2. Schedule 2 - Payment Schedule: Detailed schedule of payment obligations and terms

3. Schedule 3 - Security Documents: Details of any additional security provided by the surety

4. Schedule 4 - Form of Notice: Standard forms for notices and demands under the agreement

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

Clauses
Industries

Civil Law Act (Cap. 43): Primary legislation governing guarantees and suretyship in Singapore. Section 6 requires guarantees to be in writing, and Section 8 deals with discharge of principal debtor.

Contracts (Rights of Third Parties) Act: Governs how third parties may enforce terms of a contract, which is relevant for suretyship agreements involving multiple parties.

Misrepresentation Act (Cap. 390): Regulates cases where surety agreements are entered into based on misrepresented facts or circumstances.

Limitation Act (Cap. 163): Sets time limits for bringing legal actions related to the suretyship agreement.

Banking Act (Cap. 19): Relevant when the suretyship agreement involves financial institutions or banking transactions.

Bankruptcy Act (Cap. 20): Governs implications of insolvency on suretyship agreements and rights of creditors.

Common Law Principles: Includes rules on contract formation, consideration, capacity to contract, discharge of surety, rights of subrogation, and indemnity rights under Singapore common law.

Consumer Protection (Fair Trading) Act: Protects consumers in transactions and may apply to certain suretyship agreements involving consumer transactions.

Unfair Contract Terms Act: Regulates the use and enforcement of unfair terms in contracts, including suretyship agreements.

Statute of Frauds Requirements: Specific requirements under Singapore law for the formal validity of suretyship agreements, including the need for written documentation.

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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