
Adam Frankel
General Counsel · Technology & AI
15+ years as General Counsel to technology, cloud & AI companies
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This document is a personal guarantee for bank liabilities expressed in Indian Rupees. It is not a corporate guarantee or a performance bond for construction, but specifically covers 'moneys and liabilities already advanced' and future bank charges. It contains a specific two-day payment window following a formal demand.
Use this document when a bank requires a third party to personally back the debts of a borrower using a 'continuing' liability structure. If the guarantor is a company rather than an individual, use a Corporate Guarantee instead.
| Clause | Name | What it does |
|---|---|---|
| Introduction | Payment Obligation | The Surety agrees to pay all moneys and liabilities of the Customer within two days after a demand is made by the Bank Manager. |
| Proviso | Liability Limit | Total liability is capped at a specific sum in Rs. plus interest at a defined percentage per annum from the date of demand. |
| 1 | Discontinuance and Determination | This continuing guarantee remains in force until three calendar months after the Surety provides written notice of intention to discontinue. |
| 2 | Indulgence and Variation | The Bank may grant the Customer time or vary credit terms without the Surety's assent or discharging the Surety's liability. |
| 3 | Insolvency of Customer | The Bank retains the right to prove for its full claim in the Customer's bankruptcy to the exclusion of the Surety's rights. |
| 5 | Scope of Accounts | The guarantee extends to all accounts of the Customer whether held solely or jointly with any other person or company. |
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A continuing guarantee given by a single surety to a bank in respect of a single customer's account in India. The surety agrees to pay the bank, up to a stated maximum plus interest, all moneys and liabilities the customer owes on any account, together with interest and banking charges. It is a continuing guarantee terminable on three months' written notice, preserves the bank's freedom to grant the customer time or indulgence and to deal with other securities without discharging the surety, allows the bank to prove for its full claim in the customer's insolvency, and binds the surety's estate. Governed by the guarantee provisions of the Indian Contract Act, 1872