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Personal Guaranty Form Template for Ireland

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Key Requirements PROMPT example:

Personal Guaranty Form

"I need a Personal Guaranty Form for three individual guarantors jointly guaranteeing a €2.5 million corporate loan to my technology startup, with the guarantee period starting from March 1, 2025, and including provisions for independent legal advice certification."

Document background
The Personal Guaranty Form is essential in Irish commercial and financial transactions where additional security is required for financial obligations. It is commonly used in business loans, property leases, and commercial contracts where one party seeks assurance of payment or performance through a third-party guarantee. The document must comply with Irish legislation, particularly the Statute of Frauds (Ireland) 1695 requiring written form, the Consumer Credit Act 1995 for consumer protection, and the Land and Conveyancing Law Reform Act 2009. This Personal Guaranty Form includes mandatory warnings, clear definition of obligations, enforcement provisions, and often requires independent legal advice certification. It's particularly relevant in situations involving small business loans, property leases, supplier contracts, and corporate financing where personal guarantees are required as additional security.
Suggested Sections

1. Parties: Identification of the Guarantor, the Creditor, and the Principal Debtor

2. Background: Context of the guarantee, including the underlying debt or obligation being guaranteed

3. Definitions: Key terms used throughout the guarantee agreement

4. Guarantee and Indemnity: Core guarantee obligations and indemnification provisions

5. Extent of Guarantee: Scope and limitations of the guaranteed obligations

6. Duration: Term of the guarantee and conditions for termination

7. Nature of Guarantee: Specification that this is a continuing guarantee and details of its binding nature

8. Guarantor's Representations and Warranties: Confirmations regarding capacity, understanding, and authority to enter into the guarantee

9. Consumer Warning Notice: Mandatory warnings required under Irish consumer protection law

10. Payment Obligations: Terms and conditions for payment upon demand

11. Enforcement: Rights and remedies of the creditor in case of default

12. Governing Law and Jurisdiction: Confirmation of Irish law governance and jurisdiction

Optional Sections

1. Security Provisions: Include when the guarantee is secured by specific assets or collateral

2. Multiple Guarantors: Additional provisions required when there is more than one guarantor

3. Independent Legal Advice: Certificate section when independent legal advice has been obtained

4. Cross-Default: Provisions linking this guarantee to other financial agreements when relevant

5. Currency Provisions: Include when the guaranteed obligations are in multiple currencies

6. Step-In Rights: Include when the guarantor has rights to take over the principal debtor's position

7. Limited Recourse: Include when the guarantee is limited to specific assets or amounts

Suggested Schedules

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

2. Schedule 2 - Demand Form: Template form for making demands under the guarantee

3. Schedule 3 - Independent Legal Advice Certificate: Form for confirming receipt of independent legal advice

4. Appendix A - Asset Schedule: List of any assets securing the guarantee (if applicable)

5. Appendix B - Consumer Notice: Statutory warning notices required under Irish consumer protection law

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

Construction

Manufacturing

Professional Services

Small Business

Corporate Finance

Property Development

Relevant Teams

Legal

Risk Management

Compliance

Commercial

Credit

Corporate Finance

Business Development

Contract Management

Legal Operations

Banking Operations

Relevant Roles

Legal Counsel

Commercial Director

Credit Manager

Risk Officer

Compliance Officer

Commercial Lawyer

Banking Manager

Financial Controller

Business Development Manager

Contract Manager

Corporate Finance Manager

Lending Officer

Credit Analyst

Legal Operations Manager

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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