The Loan Guarantee Form is a critical document used in Swiss financial transactions when a third party (guarantor) agrees to secure the loan obligations of a borrower. This document is particularly important in commercial lending, real estate transactions, and corporate finance where additional security is required by lenders. The form must comply with strict requirements under Swiss law, particularly Articles 492-512 of the Swiss Code of Obligations, which mandate specific formal elements including written form and maximum liability amount. The guarantee can be issued by either corporate entities or individuals, though different considerations apply to each. The document serves as a risk mitigation tool for creditors while creating binding obligations for guarantors, making it essential to clearly define the scope, duration, and conditions of the guarantee commitment.
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1. Parties: Identification of all parties: Guarantor, Creditor (Beneficiary), and Principal Debtor
2. Background: Context of the guarantee, including reference to the underlying loan agreement
3. Definitions: Key terms used in the guarantee form, including 'Guaranteed Obligations', 'Principal Debt', and 'Guarantee Period'
4. Guarantee: Express statement of guarantee, including the maximum amount guaranteed as required by Swiss law
5. Scope of Guarantee: Detailed description of what obligations are covered by the guarantee
6. Duration: Term of the guarantee and conditions for termination
7. Guarantor's Obligations: Specific duties and commitments of the guarantor
8. Enforcement: Conditions and process for calling upon the guarantee
9. Representations and Warranties: Guarantor's confirmations regarding capacity and authority to provide the guarantee
10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Multiple Guarantors: Section required when there is more than one guarantor, defining joint and several liability
2. Security: Section needed when additional security is provided alongside the guarantee
3. Assignment and Transfer: Include when parties want to specifically address transferability of the guarantee
4. Costs and Expenses: Optional section detailing responsibility for costs related to the guarantee
5. Notices: Include when formal communication procedures need to be established between parties
6. Independent Obligation: Optional reinforcement that the guarantee is independent from the underlying debt
1. Copy of Underlying Loan Agreement: Reference copy of the principal loan agreement being guaranteed
2. Form of Demand: Template for making a formal demand under the guarantee
3. Guarantor's Capacity Evidence: Documents proving guarantor's authority and capacity (especially for corporate guarantors)
4. Payment Details: Schedule containing relevant bank account and payment information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate
Commercial Lending
Corporate Finance
Small and Medium Enterprises
Construction
Manufacturing
Retail
Agriculture
Professional Services
Relevant Teams
Legal
Finance
Risk Management
Credit Administration
Compliance
Treasury
Corporate Secretariat
Business Development
Account Management
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Risk Manager
Credit Manager
Banking Relationship Manager
Loan Officer
Corporate Secretary
Treasury Manager
Financial Controller
Compliance Officer
Business Development Manager
Account Manager
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