The Guarantor Release Form is essential in Indian business and financial transactions where a guarantor needs to be formally discharged from their obligations. This document becomes necessary when the original debt has been fully repaid, when restructuring financial arrangements, or when replacing a guarantor. The form must comply with Indian contract law, particularly the Indian Contract Act, 1872, and may require stamp duty payment according to state-specific regulations. It should clearly identify all parties, reference the original guarantee, state the terms of release, and include proper execution formalities. The document provides legal protection for both the releasing party and the guarantor, ensuring a clean break from the original guarantee obligations.
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1. Date and Parties: Identifies the date of the release and all relevant parties including the creditor, principal debtor, and guarantor(s) being released
2. Recitals: References the original guarantee agreement, its date, parties, and purpose, and states the reason for the release
3. Definitions: Defines key terms used in the release document, including references to the original guarantee and parties
4. Release Statement: Clear and unambiguous statement releasing the guarantor from all obligations under the guarantee
5. Acknowledgment of Completion: Confirmation that all obligations under the original agreement have been fulfilled
6. Return of Documents: Statement regarding the return or cancellation of any original guarantee documents
7. Governing Law: Specifies that Indian law governs the release
8. Execution Block: Space for signatures, witnesses, and execution formalities
1. Partial Release Terms: Used when the release is only for part of the guarantee or specific obligations
2. Continuing Obligations: Used when certain obligations survive the release
3. Multiple Guarantor Provisions: Required when there are multiple guarantors and only some are being released
4. Consideration: Include if there is any payment or consideration for the release
5. Indemnity: Optional protection against future claims related to the released guarantee
6. Confidentiality: Required when parties wish to keep the release terms confidential
1. Original Guarantee Details: Copy or key details of the original guarantee agreement being released
2. Payment Confirmation: If applicable, details of any final payments or settlements that led to the release
3. Authority Documents: Copies of board resolutions or other authority documents if required for corporate parties
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