The Affidavit of Guarantee is a crucial legal instrument in Qatar's business and financial landscape, commonly used in various commercial and personal transactions where one party provides security for another's obligations. This document type is governed by Qatar's Civil Code (Law No. 22 of 2004) and must comply with strict authentication requirements under Law No. 16 of 2019. The Affidavit of Guarantee is particularly important in Qatar's business environment, where personal and corporate guarantees play a significant role in securing financial transactions, construction contracts, and commercial agreements. The document requires careful drafting to ensure it meets both civil law requirements and Sharia principles, which are fundamental to Qatar's legal system. It must include specific declarations, be properly witnessed, and undergo formal notarization to be legally enforceable.
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1. Identification of Parties: Full legal names, addresses, and identification details of the guarantor, the beneficiary (creditor), and the principal debtor
2. Solemn Declaration: Formal statement declaring that the affidavit is being made under oath and in accordance with Qatar law
3. Background: Context of the guarantee, including the relationship between parties and the circumstances necessitating the guarantee
4. Scope of Guarantee: Detailed description of the obligations being guaranteed, including specific amounts, duration, and conditions
5. Guarantor's Representations: Statements confirming the guarantor's legal capacity, authority, and willingness to provide the guarantee
6. Terms of Guarantee: Specific conditions under which the guarantee can be called upon and the extent of the guarantor's liability
7. Governing Law and Jurisdiction: Explicit statement that the guarantee is governed by Qatar law and subject to Qatar courts' jurisdiction
8. Execution and Attestation: Formal execution clause, notarization details, and witness requirements as per Qatar law
1. Security Provisions: Used when specific assets are pledged as security for the guarantee
2. Release Conditions: Include when there are specific conditions under which the guarantor can be released from obligations
3. Default and Remedy Provisions: Detailed procedures in case of default, included for complex commercial guarantees
4. Assignment Clause: Include when the guarantee needs to be transferable
5. Notice Requirements: Used in complex guarantees where formal notification procedures need to be specified
6. Language Declaration: Required when the document is bilingual Arabic/English, specifying which version prevails
1. Schedule A - Principal Obligation Details: Detailed description of the main obligation being guaranteed (e.g., loan agreement, performance contract)
2. Schedule B - Asset Schedule: List and description of any assets pledged as security (if applicable)
3. Schedule C - Required Documents: List of supporting documents provided by the guarantor (e.g., financial statements, proof of assets)
4. Appendix 1 - Authentication Documents: Copies of identification documents and other authentication requirements under Qatar law
5. Appendix 2 - Corporate Authorizations: If guarantor is a company, includes board resolutions and other corporate approvals
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