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Loan Personal Guarantee Form Template for Australia

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Key Requirements PROMPT example:

Loan Personal Guarantee Form

"I need a Loan Personal Guarantee Form under Australian law for a small business loan of AUD 250,000, where the company director will act as personal guarantor, to be executed by March 2025."

Document background
The Loan Personal Guarantee Form is a critical document in Australian lending practices, typically used when a lender requires additional security beyond the borrower's own capacity or assets. This document is essential in situations where a third party (guarantor) agrees to guarantee the repayment of a loan facility provided to a borrower. It must comply with Australian financial services regulations, including the National Consumer Credit Protection Act 2009, and contains mandatory warning statements and disclosure requirements. The form includes comprehensive details about the guarantee's scope, the guarantor's obligations, enforcement rights, and important protective provisions for all parties. It's particularly relevant in business lending, family guarantees, and situations where borrowers may have limited credit history or require additional support to secure financing. The document must include specific provisions required by Australian law to ensure its enforceability and to protect the interests of all parties involved.
Suggested Sections

1. Parties: Identifies the Guarantor, the Lender, and the Borrower (Principal Debtor)

2. Background: Explains the context of the loan agreement and the requirement for the guarantee

3. Definitions: Defines key terms used throughout the guarantee document

4. Interpretation: Rules for interpreting the document, including general interpretation principles

5. Consideration: Acknowledges the consideration for providing the guarantee

6. Guarantee and Indemnity: Core section detailing the guarantee obligations and indemnity provisions

7. Nature and Extent of Guarantee: Specifies the scope and limitations of the guarantee

8. Guarantor's Obligations: Details specific obligations and responsibilities of the guarantor

9. Lender's Rights: Outlines the rights of the lender in relation to the guarantee

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

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

12. Protection Provisions: Provisions protecting the validity and enforceability of the guarantee

13. Expenses and Indemnities: Details about costs, expenses, and indemnification obligations

14. Notices: Requirements for giving and receiving formal notices

15. General Provisions: Standard boilerplate provisions including governing law, jurisdiction, etc.

16. Execution: Formal execution block for all parties to sign

Optional Sections

1. Independent Legal Advice Certificate: Section confirming the guarantor has received independent legal advice - required if the guarantor is not a company or if specifically requested by the lender

2. Financial Information Acknowledgment: Section where guarantor acknowledges receipt and understanding of the borrower's financial position - recommended for larger loans

3. Co-Guarantors: Additional provisions for when multiple guarantors are involved, defining joint and several liability

4. Guarantee Limit: Section limiting the guarantee amount - used when the guarantee is not for the full loan amount

5. Release and Discharge: Specific conditions for releasing the guarantor - used in more complex guarantee arrangements

6. Priority Arrangements: Used when there are multiple securities or guarantees to establish priority

7. Foreign Language Declaration: Required if the guarantor's primary language is not English

Suggested Schedules

1. Schedule 1 - Guaranteed Obligations: Details of the loan agreement and obligations being guaranteed

2. Schedule 2 - Guarantor Details: Detailed information about the guarantor(s) including contact details and relevant identification information

3. Schedule 3 - Important Notices and Warnings: Mandatory warning statements required under Australian law

4. Appendix A - Independent Legal Advice Certificate: Certificate to be completed by the guarantor's legal advisor

5. Appendix B - Guarantor's Privacy Consent: Privacy consent form for handling guarantor's personal information

6. Appendix C - Deed of Priority: If applicable, details of priority arrangements with other security interests

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





































Clauses

























Relevant Industries

Financial Services

Banking

Legal Services

Real Estate

Commercial Lending

Small Business

Retail Banking

Corporate Banking

Investment Banking

Asset Finance

Consumer Finance

Relevant Teams

Legal

Compliance

Credit Risk

Lending Operations

Commercial Banking

Retail Banking

Document Management

Risk Management

Customer Relations

Credit Assessment

Financial Services

Operations

Relevant Roles

Credit Manager

Loan Officer

Legal Counsel

Compliance Officer

Risk Manager

Banking Relationship Manager

Credit Analyst

Financial Advisor

Branch Manager

Lending Specialist

Commercial Banking Officer

Legal Document Specialist

Credit Risk Officer

Banking Operations Manager

Customer Service 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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