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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."
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
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
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
Financial Services
Banking
Legal Services
Real Estate
Commercial Lending
Small Business
Retail Banking
Corporate Banking
Investment Banking
Asset Finance
Consumer Finance
Legal
Compliance
Credit Risk
Lending Operations
Commercial Banking
Retail Banking
Document Management
Risk Management
Customer Relations
Credit Assessment
Financial Services
Operations
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
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