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Personal Guaranty Agreement Template for Germany

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Key Requirements PROMPT example:

Personal Guaranty Agreement

"I need a Personal Guaranty Agreement under German law where a parent company guarantees a €2 million business loan taken by its subsidiary, with the guarantee period starting from March 1, 2025, and including specific provisions for partial releases as loan repayments are made."

Document background
Personal Guaranty Agreements are commonly used in German business and financial transactions to provide additional security for creditors when extending loans or other forms of credit. This document type is particularly relevant when a primary debtor's creditworthiness needs to be supplemented by a third party's guarantee. The agreement must comply with strict German legal requirements, including written form requirements under the BGB and, where applicable, consumer protection regulations. The Personal Guaranty Agreement typically specifies the scope of guaranteed obligations, payment terms, enforcement mechanisms, and any limitations on the guarantor's liability. It's essential in various contexts, from business loans to rental agreements, and must be carefully drafted to ensure enforceability under German law.
Suggested Sections

1. Parties: Identification of the Guarantor, the Creditor, and reference to the Primary Debtor

2. Background: Description of the underlying obligation being guaranteed and the relationship between the parties

3. Definitions: Key terms used in the agreement including 'Guaranteed Obligations', 'Primary Debtor', 'Guarantee Period'

4. Guarantee: Core guarantee provisions including scope, nature (absolute/conditional), and maximum liability amount

5. Payment Obligations: Terms regarding timing, method, and currency of payments under the guarantee

6. Duration and Enforcement: Period of validity and conditions for enforcing the guarantee

7. Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and understanding of obligations

8. Notices: Communication requirements and contact details for formal notices

9. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes

Optional Sections

1. Independent Guarantee Declaration: Additional section for cases where the guarantee is intended to be independent from the underlying obligation (selbstständiges Garantieversprechen)

2. Consumer Protection Declarations: Required when the guarantor is a private individual, including specific acknowledgments and warnings

3. Multiple Guarantors: Additional provisions for cases with more than one guarantor, including joint and several liability terms

4. Security Interest: Optional provisions for additional security provided by the guarantor

5. Assignment and Transfer: Provisions regarding the ability to transfer or assign rights under the guarantee

Suggested Schedules

1. Schedule 1 - Guaranteed Obligations: Detailed description of the underlying obligations being guaranteed

2. Schedule 2 - Form of Demand: Template for making a formal demand under the guarantee

3. Schedule 3 - Guarantor's Assets Declaration: Optional schedule for private guarantors to demonstrate their financial capacity

4. Appendix A - Primary Agreement Reference: Copy or key terms of the underlying agreement being guaranteed

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

Banking

Financial Services

Real Estate

Commercial Lending

Retail

Manufacturing

Construction

Professional Services

Small Business Services

Relevant Teams

Legal

Finance

Risk Management

Commercial

Compliance

Credit Administration

Business Development

Account Management

Relevant Roles

Legal Counsel

Credit Manager

Risk Officer

Commercial Director

Finance Manager

Compliance Officer

Contract Manager

Business Development Manager

Account Manager

Corporate Lawyer

Banking Officer

Lending Specialist

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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