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Personal Guarantee Form
"I need an Australian Personal Guarantee Form for three individual guarantors to secure a $500,000 business loan, with the guarantee to be limited to 150% of the loan amount and including provisions for releasing one guarantor if certain financial milestones are met by March 2025."
1. Parties: Identifies the Guarantor(s), the Creditor, and the Principal Debtor
2. Background: Explains the context of the guarantee, including the underlying debt or obligation being guaranteed
3. Definitions: Defines key terms used throughout the guarantee document
4. Guarantee and Indemnity: Core section detailing the guarantee obligations and indemnity provisions
5. Extent of Guarantee: Specifies the scope and limitations of the guarantee, including maximum liability if applicable
6. Nature of Guarantee: Establishes whether the guarantee is continuing, irrevocable, and/or unconditional
7. Guarantor's Obligations: Details specific obligations, including payment terms and timing
8. Creditor's Rights: Outlines the rights of the creditor in enforcing the guarantee
9. Representations and Warranties: Guarantor's confirmations regarding their capacity and understanding
10. Independent Legal Advice: Confirmation that the guarantor has received or had the opportunity to receive independent legal advice
11. Enforcement: Procedures and conditions for enforcing the guarantee
12. Governing Law: Specifies the applicable law and jurisdiction
13. Execution: Signing provisions and witness requirements
1. Security: Include when the guarantee is secured by specific assets or property
2. Multiple Guarantors: Additional provisions for when there are multiple guarantors, including joint and several liability
3. Limit of Liability: Include when the guarantee is to be limited to a specific amount
4. Priority and Subordination: Include when there are multiple creditors or security interests
5. Corporate Guarantor Provisions: Additional provisions required when the guarantor is a company
6. Assignment and Transfer: Include when the rights under the guarantee may need to be assigned
7. Guarantee Release Terms: Include specific conditions under which the guarantee may be released
8. Privacy Consent: Additional privacy provisions when personal information will be shared with credit reporting agencies
1. Schedule 1 - Guaranteed Obligations: Detailed description of the obligations being guaranteed
2. Schedule 2 - Security Details: Details of any security provided in support of the guarantee
3. Schedule 3 - Independent Legal Advice Certificate: Certificate from legal advisor confirming advice provided to guarantor
4. Appendix A - Form of Demand: Template for making a demand under the guarantee
5. Appendix B - Privacy Consent Form: Detailed privacy consent provisions and declarations
Authors
Banking and Financial Services
Commercial Real Estate
Retail
Construction
Manufacturing
Professional Services
Small Business
Wholesale Trade
Equipment Leasing
Healthcare
Hospitality
Legal
Credit Risk
Commercial Lending
Compliance
Finance
Collections
Business Development
Account Management
Corporate Advisory
Risk Management
Credit Manager
Risk Assessment Officer
Legal Counsel
Commercial Lending Officer
Business Development Manager
Account Manager
Financial Controller
Collections Manager
Compliance Officer
Corporate Lawyer
Banking Relationship Manager
Credit Analyst
Chief Financial Officer
Finance Director
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