The Personal Guarantor Form is a crucial document in Philippine business and financial transactions, commonly used when additional security is required for loans, leases, or other financial obligations. This document is particularly relevant when a creditor requires personal assurance beyond the principal debtor's commitment, especially in situations involving new businesses, significant loan amounts, or when the principal debtor's creditworthiness needs supplementary support. The form must comply with Philippine Civil Code requirements regarding guarantees and sureties, banking regulations if used in financial transactions, and notarial laws for proper execution. It typically includes detailed provisions about the scope of the guarantee, the guarantor's obligations, enforcement mechanisms, and relevant representations and warranties.
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1. Parties: Identification of the Guarantor, the Creditor, and the Principal Debtor, including their complete names, addresses, and tax identification numbers
2. Background: Context of the guarantee, including details of the primary obligation or debt being guaranteed
3. Definitions: Key terms used throughout the document, including 'Guaranteed Obligations', 'Event of Default', and other relevant terminology
4. Guarantee and Indemnity: Core section detailing the scope of the guarantee, the guarantor's obligations, and indemnification provisions
5. Nature of Guarantee: Specifies that this is a continuing guarantee and defines whether it is conditional or unconditional
6. Guarantor's Representations and Warranties: Statements confirming the guarantor's capacity, authority, and financial ability to provide the guarantee
7. Payment Terms: Details of when and how the guarantor must fulfill the guarantee obligations
8. Duration and Termination: Terms specifying how long the guarantee remains in effect and conditions for termination
9. Enforcement: Procedures and conditions under which the guarantee can be enforced
10. Governing Law and Jurisdiction: Specification of Philippine law as governing law and designation of jurisdiction for disputes
11. Execution: Signature blocks and notarial requirements
1. Security Provisions: Include when the guarantor is providing additional security or collateral alongside the guarantee
2. Multiple Guarantors: Include when there is more than one guarantor, defining joint and several liability
3. Corporate Authority: Include when the guarantor is a corporation, detailing board resolutions and corporate approvals
4. Assignment and Transfer: Include when the guarantee might need to be assigned or transferred
5. Foreign Currency Provisions: Include when the guaranteed obligation is in a currency other than Philippine Peso
6. Limitation of Liability: Include when there is a need to cap the guarantor's liability or specify excluded obligations
1. Schedule 1 - Details of Principal Debt: Detailed description of the primary obligation being guaranteed, including amount, interest rates, and payment terms
2. Schedule 2 - Guarantor's Assets and Liabilities: Statement of the guarantor's financial position, required by some creditors
3. Schedule 3 - Specific Secured Assets: Description of any specific assets securing the guarantee, if applicable
4. Appendix A - Form of Demand: Standard form for making a demand under the guarantee
5. Appendix B - Required Corporate Resolutions: Template or copies of corporate resolutions where the guarantor is a corporation
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