The Declaration From A Guarantor is a crucial document in Austrian business and financial transactions, used when a third party needs to provide additional security for another's obligations. This declaration, regulated primarily by the Austrian Civil Code (ABGB) §§ 1346-1367, serves as a legally binding commitment by the guarantor to fulfill specified obligations if the principal debtor fails to do so. The document is commonly used in various contexts, including loan agreements, lease contracts, and commercial transactions. It must contain specific elements required by Austrian law, including clear identification of all parties, precise description of the guaranteed obligations, and any applicable limitations. Special considerations apply when the guarantor is a consumer, triggering additional protective provisions under the Consumer Protection Act (KSchG). The Declaration From A Guarantor must be in writing and may require notarization depending on the circumstances or amount involved.
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1. Personal Details of Guarantor: Full legal name, address, and identification details of the guarantor
2. Details of Principal Debtor: Identity and details of the primary debtor whose obligations are being guaranteed
3. Details of Creditor: Full legal name and details of the beneficiary of the guarantee
4. Underlying Obligation: Clear description of the primary debt or obligation being guaranteed
5. Scope of Guarantee: Explicit statement of the extent and nature of the guarantee (absolute/conditional, limited/unlimited)
6. Duration: Term of the guarantee and any conditions for termination
7. Declaration Statement: Formal declaration of the guarantor accepting the guarantee obligations
8. Governing Law: Explicit statement that Austrian law governs the guarantee
9. Execution: Date and signature section with necessary formalities
1. Consumer Protection Notice: Mandatory if the guarantor is a consumer - includes statutory warnings and rights under KSchG
2. Maximum Liability Cap: Used when the guarantee is limited to a specific maximum amount
3. Release Conditions: Specific conditions under which the guarantor may be released from obligations
4. Joint and Several Liability: Required when multiple guarantors are involved
5. Bank Specific Declarations: Required when the guarantee is issued by a banking institution
6. Cross-Border Provisions: Required when the underlying obligation involves international elements
1. Copy of Primary Agreement: Copy of the underlying agreement or obligation being guaranteed
2. Guarantor's Financial Statement: Recent financial information of the guarantor (if required by creditor)
3. Identity Documentation: Certified copies of guarantor's identification documents
4. Corporate Authorization: Required if guarantor is a company - includes board resolutions and power of attorney
Relevant legal definitions
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Relevant Industries
Banking & Financial Services
Real Estate & Property
Construction
Manufacturing
Retail
Professional Services
Import/Export
Hospitality
Healthcare
Technology
Relevant Teams
Legal
Finance
Risk Management
Compliance
Treasury
Corporate Secretariat
Commercial Operations
Credit Control
Business Development
Relevant Roles
Legal Counsel
Finance Director
Credit Risk Manager
Commercial Director
Chief Financial Officer
Contract Manager
Compliance Officer
Business Development Manager
Corporate Secretary
Treasury Manager
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Banking Relationship Manager
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