The Authorized Guarantee Agreement is a crucial financial security instrument under Swiss law, commonly used in commercial transactions to provide additional security for financial obligations. This document type is specifically regulated under the Swiss Code of Obligations and requires careful drafting to ensure compliance with mandatory provisions, including form requirements and content specifications. The agreement is typically used when a creditor requires additional security beyond the principal debtor's commitment, such as in loan agreements, lease arrangements, or supply contracts. The document must clearly state the maximum amount of liability, identify the secured obligations, and include all necessary formalities for validity under Swiss law. When the guarantor is a natural person, additional protective measures apply, including mandatory spousal consent in certain cases. The Authorized Guarantee Agreement must be in writing and contain specific mandatory information to be enforceable under Swiss law.
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1. Parties: Identification of the Guarantor, the Beneficiary (creditor), and reference to the Principal Debtor
2. Background: Context of the guarantee, reference to the principal agreement being guaranteed, and the reason for providing the guarantee
3. Definitions: Definitions of key terms used in the agreement, including 'Guaranteed Obligations', 'Principal Agreement', and 'Guarantee Period'
4. Guarantee: Core guarantee provisions, including the maximum amount of liability and specific obligations being guaranteed
5. Nature of Guarantee: Specification that this is an authorized guarantee and its characteristics (e.g., independent, continuing, irrevocable)
6. Guarantor's Undertakings: Specific commitments and warranties made by the guarantor
7. Enforcement and Payment Terms: Conditions for calling on the guarantee and payment requirements
8. Duration: Term of the guarantee and any conditions for termination
9. Notices: Process and requirements for serving notices under the agreement
10. Governing Law and Jurisdiction: Confirmation of Swiss law governance and jurisdiction for disputes
11. Execution: Formal execution requirements including date and signatures
1. Spousal Consent: Required when the guarantor is a natural person and married, per Swiss law requirements
2. Multiple Guarantors: Additional provisions needed when there are multiple guarantors, addressing joint and several liability
3. Corporate Authority: Required for corporate guarantors, including confirmation of corporate power and authority
4. Assignment and Transfer: Provisions regarding the ability to assign or transfer rights under the guarantee
5. Currency Provisions: Required when the guarantee involves obligations in multiple currencies
6. Costs and Expenses: Allocation of costs related to the preparation and enforcement of the guarantee
7. Tax Gross-up: Provisions for tax treatment of payments under the guarantee, if applicable
1. Form of Demand: Template for making a demand under the guarantee
2. Principal Agreement: Copy or summary of the agreement being guaranteed
3. Corporate Authorizations: Copies of relevant corporate approvals (for corporate guarantors)
4. Spousal Consent Form: Template for spousal consent when required
5. Guarantee Amount Calculation: Details of how the maximum guarantee amount is calculated or determined
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