The Affidavit of Guarantee is a crucial legal instrument in Irish business and financial transactions, commonly used when one party agrees to be responsible for another party's obligations or debts. This document combines the formality of an affidavit (sworn statement) with the substantive elements of a guarantee, making it particularly robust for enforcement purposes. It is typically required by financial institutions, landlords, or businesses when seeking additional security for loans, leases, or other commercial arrangements. The document must comply with Irish legal requirements, including proper execution before a Commissioner for Oaths or Notary Public, and often requires the guarantor to receive independent legal advice. The Affidavit of Guarantee includes specific details about the guaranteed obligations, any limitations on the guarantee, the duration of the guarantee, and the circumstances under which it can be enforced.
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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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