The Guarantee And Indemnity Form is a crucial legal instrument in Australian commercial and financial transactions, used when one party needs to provide additional security for another's obligations. This document is commonly required in various scenarios, such as company directors guaranteeing business loans, landlords requiring lease guarantees, or in supply arrangements where credit is extended. The form must comply with Australian federal and state legislation, including the Australian Consumer Law, National Consumer Credit Protection Act, and relevant state property laws. It contains comprehensive provisions covering the nature and extent of the guarantee, enforcement mechanisms, rights of all parties, and specific protections required under Australian law. The document is designed to be robust and enforceable while incorporating necessary consumer protections and disclosure requirements, particularly important when individual guarantors are involved.
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1. Parties: Identifies all parties to the guarantee, including the guarantor(s), the creditor/beneficiary, and the principal debtor
2. Background: Sets out the context of the guarantee, including details of the primary obligation being guaranteed
3. Definitions: Defines key terms used throughout the document for clarity and legal certainty
4. Guarantee and Indemnity: Core section detailing the guarantee obligations and indemnity provisions
5. Scope of Guarantee: Specifies exactly what obligations are covered by the guarantee and any limitations
6. Duration and Enforcement: Specifies when the guarantee comes into effect and how long it remains valid
7. Payment Obligations: Details the circumstances triggering payment obligations and payment terms
8. Representations and Warranties: Statements of fact and promises made by the guarantor regarding their capacity and authority
9. Continuing Security: Confirms the ongoing nature of the guarantee until all secured obligations are fulfilled
10. Protection of Rights: Provisions protecting the creditor's rights and remedies under the guarantee
11. Execution: Formal requirements for signing and witnessing the document
1. Multiple Guarantors: Additional provisions for when there are multiple guarantors, including joint and several liability
2. Corporate Guarantor Provisions: Special provisions required when the guarantor is a company rather than an individual
3. Property Security: Additional provisions when the guarantee is secured against specific property
4. Financial Covenants: Financial requirements or restrictions imposed on the guarantor
5. Independent Legal Advice: Acknowledgment of receiving independent legal advice, particularly important for individual guarantors
6. Guarantee Limit: Optional cap on the guaranteed amount
7. Foreign Currency Provisions: Required when the guaranteed obligation is in a different currency
8. Assignment and Transfer: Provisions allowing the guarantee to be assigned or transferred
1. Details of Guaranteed Obligations: Schedule listing specific debts, facilities, or obligations covered by the guarantee
2. Security Details: Details of any assets or property provided as security
3. Guarantor Information: Personal or corporate information about the guarantor(s)
4. Certificate of Independent Legal Advice: Formal certification that the guarantor received independent legal advice
5. Deed of Priority: Where multiple securities exist, details of their relative priorities
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