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Personal Guarantor Form Template for New Zealand

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Key Requirements PROMPT example:

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."

Document background
The Personal Guarantor Form is a critical legal instrument used in New Zealand business and financial transactions where additional security is required for credit arrangements. This document is typically employed when a creditor requires extra assurance beyond the principal debtor's commitment, such as in business loans, commercial leases, or significant financial agreements. The form must comply with New Zealand's robust consumer protection and financial services regulations, including the Credit Contracts and Consumer Finance Act 2003. It contains essential elements such as the scope of guarantee, payment terms, enforcement mechanisms, and mandatory disclosure requirements. The document is particularly relevant in situations where businesses or individuals seek credit but require additional support to secure financing, making it a fundamental tool in New Zealand's commercial and financial landscape.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 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

Retail

Construction

Small Business

Professional Services

Manufacturing

Property Development

Wholesale Trade

Relevant Teams

Legal

Credit Risk

Compliance

Commercial Lending

Credit Administration

Collections

Business Development

Account Management

Finance

Underwriting

Relevant Roles

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

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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