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Personal Guarantee Agreement
"I need a Personal Guarantee Agreement governed by Belgian law where my company will act as beneficiary for a 鈧500,000 business loan to a manufacturing company, with the company's CEO providing a personal guarantee effective from March 1, 2025."
1. Parties: Identification of the Guarantor, the Beneficiary (creditor), and the Principal Debtor
2. Background: Context of the guarantee, including reference to the underlying obligation or principal debt being guaranteed
3. Definitions: Definitions of key terms used throughout the agreement
4. Guarantee: The core guarantee provision, including the scope and nature of the guaranteed obligations
5. Extent of Liability: Clear statement of the maximum amount guaranteed and any limitations on the guarantor's liability
6. Duration: Term of the guarantee and any conditions for its termination
7. Demands and Payments: Process for making demands under the guarantee and payment terms
8. Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and understanding of the obligations
9. Independent Obligation: Confirmation that the guarantee is independent of the underlying obligation
10. Continuing Security: Provisions establishing the guarantee as a continuing security until full discharge
11. Enforcement: Rights and procedures for enforcing the guarantee
12. Notices: Communication requirements and contact details
13. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction
1. Joint and Several Liability: Required when multiple guarantors are involved
2. Corporate Authority: Required when the guarantor is a company, including necessary corporate approvals
3. Consumer Protection Declarations: Required when the guarantor is a natural person, including mandatory warnings and acknowledgments under Belgian consumer law
4. Security Interest: Optional section for cases where additional security is provided alongside the guarantee
5. Subordination: Required when the guarantee needs to be subordinated to other obligations
6. Currency Provisions: Required for cross-border guarantees involving multiple currencies
7. Tax Gross-Up: Optional provisions for handling tax implications of guarantee payments
8. Assignment and Transfer: Optional provisions allowing transfer of the guarantee rights
1. Form of Demand: Template for making formal demands under the guarantee
2. Underlying Agreement: Copy or summary of the principal obligation being guaranteed
3. Corporate Authorizations: Copies of relevant corporate approvals (if guarantor is a company)
4. Guarantor's Capacity Statement: Declaration of the guarantor's financial capacity and understanding
5. Consumer Protection Notice: Mandatory warnings and information for natural person guarantors
6. Payment Details: Banking and payment information for guarantee payments
Authors
Banking and Financial Services
Real Estate
Commercial Lending
Construction
Manufacturing
Retail
Professional Services
Technology
Import/Export
Small and Medium Enterprises
Legal
Finance
Risk Management
Compliance
Treasury
Commercial
Credit Control
Corporate Banking
Business Development
Operations
Legal Counsel
Commercial Director
Credit Manager
Risk Manager
Corporate Lawyer
Finance Director
Compliance Officer
Business Development Manager
Contract Manager
Chief Financial Officer
Banking Relationship Manager
Treasury Manager
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