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Personal Guarantor Form
"I need a Personal Guarantor Form for a small business loan of NZD 500,000 where two company directors will act as joint guarantors, compliant with New Zealand law and including provisions for staged drawdown of the loan throughout 2025."
1. Parties: Identifies the Creditor, Principal Debtor, and Guarantor with full legal names and addresses
2. Background: Explains the context of the guarantee, including the underlying debt or obligation being guaranteed
3. Definitions: Defines key terms used throughout the document
4. Guarantee and Indemnity: Core section stating the guarantee obligations and indemnity provisions
5. Extent of Guarantee: Specifies the scope and limit of the guarantee amount and covered obligations
6. Guarantor's Obligations: Details the specific obligations and responsibilities of the guarantor
7. Duration and Enforcement: Specifies when and how long the guarantee remains in effect and enforcement mechanisms
8. Creditor's Rights: Outlines the rights of the creditor in relation to the guarantee
9. Representations and Warranties: Guarantor's confirmations about their capacity and understanding
10. Payments: Specifies how and when payments must be made under the guarantee
11. Notices: Details how formal communications between parties should be made
12. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and severability
1. Multiple Guarantors: Additional provisions for when there is more than one guarantor, including joint and several liability
2. Security Provisions: Used when the guarantee is secured against specific assets
3. Independent Legal Advice: Certificate section for when independent legal advice is required or recommended
4. Guarantee Limit: Section defining specific monetary or temporal limits on the guarantee
5. Corporate Guarantor Provisions: Additional provisions required when the guarantor is a company
6. Release Conditions: Specific conditions under which the guarantor may be released from obligations
7. Priority Arrangements: Used when there are multiple guarantees or security interests to establish priority
1. Schedule 1: Guaranteed Obligations: Detailed description of the obligations being guaranteed
2. Schedule 2: Security Details: Details of any security provided in support of the guarantee
3. Schedule 3: Independent Legal Advice Certificate: Certificate to be completed by the guarantor's independent legal advisor
4. Schedule 4: Guarantor's Statement of Position: Financial statement of the guarantor's assets and liabilities
5. Appendix A: Key Information Disclosure: Mandatory disclosure information required under the CCCFA
6. Appendix B: Guarantee Limit Calculation: Details of how any guarantee limits are calculated and applied
Authors
Banking and Financial Services
Real Estate
Commercial Lending
Retail
Construction
Small Business
Professional Services
Manufacturing
Property Development
Wholesale Trade
Legal
Credit Risk
Compliance
Commercial Lending
Credit Administration
Collections
Business Development
Account Management
Finance
Underwriting
Credit Manager
Risk Assessment Officer
Legal Counsel
Commercial Lending Manager
Credit Analyst
Compliance Officer
Financial Controller
Business Development Manager
Account Manager
Collections Manager
Underwriter
Corporate Lawyer
Banking Relationship Manager
Finance Director
Credit Administration Officer
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