Practice Areas
Banking & Finance
- Get free trial for practice areas as below
- Business
- Consumer
- Corporations
- Criminal
- Employment
- Family
- General Counsel
- Governance
- Immigration
- Intellectual Property
- Personal Injury NSW
- Personal Injury Qld
- Personal Injury Vic
- Personal Property Security
- Property
- Succession
- Work Health & Safety
- Tax
- Mergers & Acquisitions
- Banking & Finance
- Social Justice
- Cybersecurity, Data Protection & Privacy
- Insolvency
- Competition
LexisNexis Practical Guidance®
Straightforward guidance across a range of topics
- Guarantees
- Drafting guarantees and indemnities — tips
Practical tips for drafting, reviewing and negotiating guarantees in financing transactions
This guidance note provides practical tips to assist legal practitioners when drafting, reviewing or negotiating guarantees in the course of advising clients. The practical tips include those relating to:
- • applicable principles for the guarantee to be binding;
- • how to draft a guarantee that will be construed as a deed;
- • reviewing a guarantee’s compliance with the Banking Code of Practice; and
- • drafting effective suspension of right of set-off clauses.
The guidance note also contains a selection of other relevant considerations for drafting, reviewing and negotiating guarantees. Examples from case law are provided to aid legal practitioners’ understanding in terms of applying the practical tips.
See Practical tips for drafting, reviewing and negotiating guarantees in financing transactions.
