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Personal Guaranty Form Template for Canada

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Key Requirements PROMPT example:

Personal Guaranty Form

"I need a Personal Guaranty Form for two company directors who will jointly guarantee a CAD 500,000 business loan to their startup technology company, with the guarantee to be capped at 150% of the loan amount and requiring independent legal advice certificates."

Document background
The Personal Guaranty Form is a critical legal instrument used across Canadian business and financial transactions where additional security is required for financial obligations. This document is commonly employed when extending credit, providing loans, or entering into lease agreements where the primary obligor's creditworthiness alone is insufficient. It must comply with various Canadian legal requirements, including provincial Statutes of Frauds, consumer protection legislation, and in Quebec, the Civil Code. The form typically includes detailed terms of the guarantee, the scope of guaranteed obligations, enforcement provisions, and may require independent legal advice depending on the jurisdiction and circumstances. Personal Guaranty Forms are particularly important for small business financing, where business owners often need to personally guarantee their company's obligations.
Suggested Sections

1. Parties: Identifies the Guarantor (individual providing the guarantee), the Creditor (party receiving the guarantee), and the Principal Debtor (party whose obligations are being guaranteed)

2. Background: Explains the context of the guarantee, including reference to the primary debt obligation and the relationship between the parties

3. Definitions: Defines key terms used throughout the guarantee agreement

4. Guarantee and Indemnity: Core section stating the guarantee commitment and indemnification obligations

5. Scope of Guarantee: Details the extent of obligations covered by the guarantee

6. Nature of Guarantee: Specifies that this is a continuing guarantee and defines whether it is limited or unlimited

7. Payment Terms: Specifies how and when payments must be made under the guarantee

8. Representations and Warranties: Guarantor's confirmations regarding their capacity and authority to provide the guarantee

9. Enforcement: Describes the circumstances and process for enforcing the guarantee

10. Termination: Conditions under which the guarantee may be terminated or released

11. Governing Law: Specifies the applicable law and jurisdiction

12. Execution: Signature blocks and witness requirements

Optional Sections

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

2. Multiple Guarantors: Include when there is more than one guarantor, defining joint and several liability

3. Limitation of Liability: Include when the guarantee amount is capped or limited in some way

4. Assignment: Include when the guarantee may need to be assigned to other parties

5. Independent Legal Advice: Include when there's a requirement for the guarantor to obtain independent legal advice

6. Guarantee Recovery: Include when specifying rights of the guarantor to recover from the principal debtor

7. Priority and Subordination: Include when there are multiple guarantees or security interests that need to be ranked

8. Currency: Include when the guarantee involves obligations in multiple currencies

Suggested Schedules

1. Schedule A - Guaranteed Obligations: Detailed list of the specific debts, obligations, or facilities being guaranteed

2. Schedule B - Secured Assets: Description of any assets securing the guarantee (if applicable)

3. Schedule C - Certificate of Independent Legal Advice: Standard form certificate to be completed by the guarantor's independent legal advisor

4. Schedule D - Guarantee Limit Calculation: Formula or method for calculating any limits on the guarantee amount (if applicable)

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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 and Financial Services

Real Estate

Commercial Lending

Small Business

Retail

Construction

Manufacturing

Professional Services

Transportation and Logistics

Hospitality

Agriculture

Relevant Teams

Legal

Credit and Risk

Commercial Lending

Compliance

Finance

Business Development

Collections and Recovery

Contract Administration

Corporate Secretariat

Operations

Relevant Roles

Credit Manager

Risk Officer

Commercial Lending Officer

Legal Counsel

Compliance Officer

Account Manager

Business Development Manager

Collections Manager

Underwriter

Financial Advisor

Contract Administrator

Legal Administrator

Corporate Secretary

Chief Financial Officer

Credit Analyst

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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