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Personal Guarantor Form
"I need a Personal Guarantor Form for my real estate company where the company director will personally guarantee a 5-year commercial lease agreement starting March 1, 2025, with a maximum liability cap of 12 months' rent."
1. Parties: Identification of the Guarantor, the Creditor, and the Principal Debtor, including their complete names, addresses, and tax identification numbers
2. Background: Context of the guarantee, including details of the primary obligation or debt being guaranteed
3. Definitions: Key terms used throughout the document, including 'Guaranteed Obligations', 'Event of Default', and other relevant terminology
4. Guarantee and Indemnity: Core section detailing the scope of the guarantee, the guarantor's obligations, and indemnification provisions
5. Nature of Guarantee: Specifies that this is a continuing guarantee and defines whether it is conditional or unconditional
6. Guarantor's Representations and Warranties: Statements confirming the guarantor's capacity, authority, and financial ability to provide the guarantee
7. Payment Terms: Details of when and how the guarantor must fulfill the guarantee obligations
8. Duration and Termination: Terms specifying how long the guarantee remains in effect and conditions for termination
9. Enforcement: Procedures and conditions under which the guarantee can be enforced
10. Governing Law and Jurisdiction: Specification of Philippine law as governing law and designation of jurisdiction for disputes
11. Execution: Signature blocks and notarial requirements
1. Security Provisions: Include when the guarantor is providing additional security or collateral alongside the guarantee
2. Multiple Guarantors: Include when there is more than one guarantor, defining joint and several liability
3. Corporate Authority: Include when the guarantor is a corporation, detailing board resolutions and corporate approvals
4. Assignment and Transfer: Include when the guarantee might need to be assigned or transferred
5. Foreign Currency Provisions: Include when the guaranteed obligation is in a currency other than Philippine Peso
6. Limitation of Liability: Include when there is a need to cap the guarantor's liability or specify excluded obligations
1. Schedule 1 - Details of Principal Debt: Detailed description of the primary obligation being guaranteed, including amount, interest rates, and payment terms
2. Schedule 2 - Guarantor's Assets and Liabilities: Statement of the guarantor's financial position, required by some creditors
3. Schedule 3 - Specific Secured Assets: Description of any specific assets securing the guarantee, if applicable
4. Appendix A - Form of Demand: Standard form for making a demand under the guarantee
5. Appendix B - Required Corporate Resolutions: Template or copies of corporate resolutions where the guarantor is a corporation
Authors
Banking and Financial Services
Real Estate
Commercial Lending
Retail
Construction
Manufacturing
Small and Medium Enterprises
Import/Export
Professional Services
Hospitality
Legal
Finance
Credit Risk
Compliance
Operations
Commercial Banking
Corporate Banking
Collections
Risk Management
Business Development
Credit Officer
Loan Officer
Risk Manager
Legal Counsel
Corporate Secretary
Finance Manager
Business Development Manager
Contract Administrator
Compliance Officer
Banking Relationship Manager
Chief Financial Officer
Credit Risk Analyst
Collections Manager
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