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1. Title and Declaration: States the document type and includes the standard declaration 'I/We [name] of [address] make oath and say as follows:'
2. Parties: Identifies the guarantor(s), the principal debtor, and the beneficiary of the guarantee
3. Definitions: Defines key terms used throughout the affidavit including 'Principal Debt', 'Guaranteed Obligations', and 'Security'
4. Background: Explains the context of the guarantee, including the relationship between parties and the reason for providing the guarantee
5. Principal Obligations: Details the primary obligations being guaranteed, including amounts, terms, and conditions
6. Guarantee and Indemnity: The formal guarantee statement and indemnification provisions
7. Extent of Liability: Clearly defines the scope and limitations of the guarantor's liability
8. Duration of Guarantee: Specifies how long the guarantee remains in effect
9. Independent Legal Advice: Confirmation that the guarantor has received or had the opportunity to receive independent legal advice
10. Declarations of Understanding: Guarantor's sworn statements confirming understanding of obligations
11. Execution: Space for signing, witnessing, and proper attestation by authorized person
1. Security Provisions: Used when the guarantee is secured against specific assets of the guarantor
2. Joint and Several Liability: Required when there are multiple guarantors
3. Corporate Authority: Required when the guarantor is a company, confirming corporate authority to provide the guarantee
4. Spousal Consent: Required when the guarantor is married and the guarantee affects family assets
5. Currency Provisions: Required for cross-border guarantees involving multiple currencies
6. Step-In Rights: Optional provisions allowing the guarantor to step into the position of the creditor in certain circumstances
1. Schedule 1 - Principal Agreement: Copy or details of the main agreement being guaranteed
2. Schedule 2 - Guaranteed Obligations: Detailed list of all obligations covered by the guarantee
3. Schedule 3 - Asset Schedule: List of any assets securing the guarantee (if applicable)
4. Schedule 4 - Certificate of Independent Legal Advice: Signed certificate from legal advisor confirming advice given to guarantor
5. Appendix A - Corporate Resolution: Copy of corporate resolution authorizing the guarantee (for corporate guarantors)
6. Appendix B - Supporting Documents: Copies of relevant supporting documentation referenced in the affidavit
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