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Guarantor Statement Form

Guarantor Statement Form Template for Germany

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Key Requirements PROMPT example:

Guarantor Statement Form

"I need a Guarantor Statement Form under German law for our parent company to guarantee a €2.5 million business loan to our subsidiary, with the guarantee period running until March 2025 and including immediate enforcement provisions."

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Document background
The Guarantor Statement Form (Bürgschaftserklärung) is a crucial document in German financial and business transactions, used when one party agrees to guarantee the obligations of another. This document is commonly required in various scenarios, including loan agreements, lease contracts, and business financing arrangements. It must strictly comply with German Civil Code requirements, particularly § 766 BGB which mandates written form. The document is essential for creating legally enforceable guarantee obligations and must include clear identification of all parties, specific details of the guaranteed obligations, and explicit declarations of the guarantor's commitment. Special considerations apply when the guarantor is a consumer, requiring additional protective provisions and declarations. The form serves as primary evidence of the guarantee obligation and may be required for enforcement proceedings under German law.
Suggested Sections

1. Identification of Parties: Clear identification of the guarantor, creditor, and principal debtor, including full legal names, addresses, and registration details if applicable

2. Main Debt Obligation: Precise description of the principal debt or obligation being guaranteed, including the amount or maximum limit if applicable

3. Guarantee Declaration: Express statement of guarantee in accordance with § 766 BGB, clearly indicating the guarantor's commitment to stand surety

4. Scope of Guarantee: Definition of whether it's a temporary or permanent guarantee, and whether it covers all or specific obligations

5. Payment Terms: Conditions under which the guarantee can be called upon and how payment should be made

6. Legal Declarations: Mandatory legal statements including acknowledgment of obligations and confirmation of understanding

Optional Sections

1. Limitation of Liability: Used when the guarantee is limited to a specific amount or time period

2. Consumer Protection Declarations: Required when the guarantor is a private individual, including acknowledgments of financial capacity and independent legal advice

3. Enforcement Clause: Optional submission to immediate enforcement (Unterwerfung unter die sofortige Zwangsvollstreckung) under § 794(1)(5) ZPO

4. Additional Security Provisions: Used when the guarantee is part of a broader security package

5. Waiver of Defenses: Optional waiver of certain statutory defenses, subject to legal limitations

6. Notice Requirements: Special provisions regarding how and when notices must be given to the guarantor

Suggested Schedules

1. Principal Debt Agreement: Copy or extract of the main obligation being guaranteed

2. Identity Documents: Copies of identification documents of the guarantor

3. Financial Capacity Statement: Declaration of the guarantor's financial situation (particularly important in consumer contexts)

4. Authorization Documents: If the guarantor is a company, corporate authorization documents and proof of signing authority

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




















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Relevant Industries

Banking & Financial Services

Real Estate

Construction

Manufacturing

Retail

Professional Services

Healthcare

Technology

Automotive

Energy

Education

Hospitality

Relevant Teams

Legal

Finance

Risk Management

Compliance

Treasury

Credit Administration

Corporate Secretariat

Banking Operations

Contracts Administration

Relevant Roles

Legal Counsel

Finance Director

Credit Manager

Risk Manager

Compliance Officer

Corporate Secretary

Banking Relationship Manager

Chief Financial Officer

Treasury Manager

Contract Manager

Legal Director

Credit Risk Officer

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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