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Guarantor Contract

Guarantor Contract Template for Australia

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Key Requirements PROMPT example:

Guarantor Contract

"I need a Guarantor Contract for three individual guarantors jointly guaranteeing a business loan of AUD 500,000 to a small retail company, with the guarantee to be limited to 150% of the loan amount and requiring independent legal advice certificates."

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Document background
The Guarantor Contract is a fundamental document in Australian financial and business transactions, used when one party agrees to guarantee the obligations of another. This document type is essential in various contexts, from personal guarantees for residential leases to corporate guarantees for business loans. The contract must comply with Australian federal legislation, including the National Consumer Credit Protection Act 2009 and the Australian Consumer Law, as well as state-specific requirements. It includes mandatory consumer protections, clear definitions of the guarantee's scope, and specific provisions for enforcement and termination. The document is particularly crucial in banking, real estate, and commercial transactions where additional security is required beyond the principal debtor's commitments.
Suggested Sections

1. Parties: Identifies the guarantor(s), creditor, and principal debtor

2. Background: Explains the context of the guarantee and references the principal debt or obligation

3. Definitions and Interpretation: Defines key terms and interpretation rules for the agreement

4. Guarantee and Indemnity: Core provisions setting out the guarantee obligations and indemnity

5. Extent of Guarantee: Defines the scope and limitations of the guarantee

6. Guarantor Acknowledgments: Mandatory acknowledgments and confirmations from the guarantor

7. Warning Notices: Statutorily required warning notices and disclaimers

8. Representations and Warranties: Guarantor's confirmations about their capacity and understanding

9. Continuing Security: Provisions regarding the ongoing nature of the guarantee

10. Payments: Terms for how and when payments must be made under the guarantee

11. Enforcement: Creditor's rights and process for enforcing the guarantee

12. Release and Discharge: Conditions and process for releasing the guarantor

13. Expenses and Stamp Duty: Responsibility for costs and duties

14. Notices: How formal notices must be given and received

15. General Provisions: Standard boilerplate provisions including governing law

16. Execution: Signature blocks and attestation requirements

Optional Sections

1. Security Provisions: Required when the guarantee is secured against specific assets

2. Multiple Guarantors: Additional provisions for when there are multiple guarantors

3. Corporate Guarantor Provisions: Special provisions required for corporate guarantors

4. Guarantee Limit: Included when the guarantee is limited to a specific amount

5. Priority Arrangements: Required when there are multiple creditors or security interests

6. Independent Legal Advice: Certificate section when independent legal advice is required

7. Financial Reporting: Required when ongoing financial reporting from guarantor is needed

8. Power of Attorney: Optional appointment of creditor as attorney in certain circumstances

Suggested Schedules

1. Schedule 1 - Details of Principal Debt: Details of the underlying loan or obligation being guaranteed

2. Schedule 2 - Secured Property: Description of any property securing the guarantee

3. Schedule 3 - Guarantor Warning Notice: Prescribed form of statutory warning notice

4. Schedule 4 - Independent Legal Advice Certificate: Template certificate for legal advisor to complete

5. Schedule 5 - Guarantee Limitation Details: Specific details of any limitations on the guarantee amount

6. Appendix A - Payment Terms: Detailed payment arrangements and calculations

7. Appendix B - Consent of Related Parties: Any required third-party consents

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions














































Clauses






























Relevant Industries

Banking and Financial Services

Real Estate

Commercial Lending

Retail Finance

Construction

Small Business

Corporate Finance

Property Development

Manufacturing

Professional Services

Wholesale Trade

Agriculture

Relevant Teams

Legal

Credit Risk

Compliance

Commercial Lending

Operations

Business Development

Contract Administration

Collections

Risk Management

Financial Control

Corporate Banking

Retail Banking

Relevant Roles

Credit Manager

Legal Counsel

Risk Manager

Commercial Lending Officer

Compliance Officer

Contract Administrator

Business Development Manager

Financial Advisor

Property Manager

Loan Officer

Corporate Lawyer

Banking Relationship Manager

Credit Analyst

Chief Risk Officer

Collections Manager

Industries








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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