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Agreement Of Personal Guaranty

Agreement Of Personal Guaranty Template for Belgium

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Key Requirements PROMPT example:

Agreement Of Personal Guaranty

"I need an Agreement of Personal Guaranty under Belgian law where my company's CEO will personally guarantee a 鈧2.5 million business loan from BNP Paribas, to be executed by March 2025, with the guarantee limited to 5 years."

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Document background
The Agreement Of Personal Guaranty is a critical legal instrument in Belgian commercial and financial transactions, commonly used when additional security is required for loans, leases, or other financial obligations. This document is essential when a creditor requires personal assurance beyond the principal debtor's commitment, particularly in situations involving business loans, property leases, or significant commercial contracts. The agreement must comply with Belgian Civil Code provisions regarding suretyship (cautionnement), including specific formality requirements and consumer protection measures. It is particularly relevant in scenarios where the principal debtor's creditworthiness alone is insufficient to secure the obligation, requiring a third party to provide additional security through a personal guarantee.
Suggested Sections

1. Parties: Identification of the Guarantor, Creditor, and Principal Debtor

2. Background: Context of the guarantee, including the underlying obligation being guaranteed

3. Definitions: Key terms used throughout the agreement, including 'Guaranteed Obligations', 'Event of Default', etc.

4. Guarantee: Core guarantee provisions, including scope and nature of the guarantee

5. Maximum Liability: Clear statement of the maximum amount guaranteed, as required under Belgian law

6. Duration: Term of the guarantee and any conditions affecting its duration

7. Guarantor's Representations and Warranties: Statements about the Guarantor's capacity and authority to provide the guarantee

8. Payment Obligations: Terms governing how and when payments must be made under the guarantee

9. Enforcement: Conditions and procedures for enforcing the guarantee

10. Notices: Communication requirements and contact details

11. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction

Optional Sections

1. Multiple Guarantors: Required when there is more than one guarantor, defining joint and several liability

2. Specific Assets: Used when the guarantee is limited to or secured by specific assets

3. Corporate Authority: Required for corporate guarantors, including board approvals and corporate benefit statements

4. Spousal Consent: Required when the guarantor is married and local law requires spousal consent

5. Currency Provisions: Required for cross-border guarantees involving multiple currencies

6. Tax Gross-Up: Optional provisions for handling tax implications of guarantee payments

7. Assignment and Transfer: Optional provisions allowing transfer of guarantee rights

Suggested Schedules

1. Schedule 1 - Guaranteed Obligations: Detailed description of the underlying obligations being guaranteed

2. Schedule 2 - Form of Demand: Template for making a demand under the guarantee

3. Schedule 3 - Guarantor Information: Detailed information about the Guarantor including financial status

4. Schedule 4 - Principal Debtor Information: Details of the principal debtor and the primary obligation

5. Appendix A - Required Notices and Forms: Standard forms for notices and communications under the guarantee

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions































Clauses






























Relevant Industries

Banking and Financial Services

Real Estate

Commercial Lending

Construction

Manufacturing

Retail

Professional Services

Import/Export

Hospitality

Technology

Relevant Teams

Legal

Finance

Risk Management

Treasury

Compliance

Credit Management

Corporate Secretariat

Commercial Operations

Business Development

Relevant Roles

Chief Financial Officer

Finance Director

Credit Manager

Risk Manager

Legal Counsel

Commercial Director

Treasury Manager

Compliance Officer

Corporate Secretary

Business Development Manager

Contract Manager

Financial Controller

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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