The Loan Guarantor Agreement is essential in Swiss financial transactions where additional security is required for loan obligations. This document, governed by Swiss law, particularly the Code of Obligations, provides creditors with additional security by having a third party (the guarantor) guarantee the repayment of a loan if the primary debtor defaults. The agreement must meet strict formal requirements under Swiss law, including written form, maximum liability amount specification, and spousal consent where applicable. It is commonly used in business financing, real estate transactions, and corporate lending scenarios where lenders require additional assurance beyond the primary debtor's commitments. The document details the scope of the guarantee, enforcement mechanisms, and conditions for the guarantor's liability, ensuring clarity and legal certainty for all parties involved.
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1. Parties: Identification of all parties: Guarantor(s), Creditor, and Principal Debtor
2. Background: Context of the guarantee, including reference to the primary loan agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Guarantee: Core guarantee provisions, including the maximum amount of liability 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 any conditions affecting its duration
7. Guarantor's Representations and Warranties: Confirmations and statements by the guarantor regarding their capacity and authority
8. Payment Obligations: Details of when and how the guarantor must make payments
9. Enforcement: Conditions and process for enforcing the guarantee
10. Discharge and Release: Conditions under which the guarantor will be released from obligations
11. Notices: Communication requirements and contact details
12. Governing Law and Jurisdiction: Confirmation of Swiss law governance and jurisdiction
13. Execution: Signature blocks and execution requirements
1. Security: Include when the guarantee is secured by specific assets
2. Multiple Guarantors: Include when there is more than one guarantor to specify joint and several liability
3. Spouse Consent: Required under Swiss law if the guarantor is married
4. Currency Provisions: Include for cross-border transactions involving multiple currencies
5. Tax Gross-Up: Include when tax implications need to be addressed
6. Assignment and Transfer: Include when transfer rights need to be specifically addressed
7. Costs and Expenses: Include when specific cost allocation needs to be addressed
8. Limitation of Liability: Include when specific limitations on the guarantee amount or scope are needed
1. Primary Loan Agreement: Copy or summary of the main loan agreement being guaranteed
2. Maximum Liability Amount Calculation: Detailed breakdown of the maximum guarantee amount
3. Secured Assets Schedule: List and description of any assets securing the guarantee
4. Form of Demand: Template for making a demand under the guarantee
5. Spouse Consent Form: Standard form for spouse's written consent if applicable
6. Contact Details: Detailed contact information for all parties and their representatives
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Real Estate
Commercial Lending
Corporate Finance
Small & Medium Enterprises
Construction & Development
Manufacturing
Retail
Agriculture
Professional Services
Relevant Teams
Legal
Finance
Risk Management
Compliance
Treasury
Credit Administration
Corporate Banking
Loan Operations
Documentation
Relevant Roles
Legal Counsel
Corporate Lawyer
Finance Director
Credit Risk Manager
Loan Officer
Compliance Officer
Chief Financial Officer
Banking Relationship Manager
Credit Analyst
Corporate Secretary
Risk Management Officer
Treasury Manager
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