The Guarantor Statement Form is a crucial document in Australian lending practices that provides security to lenders while ensuring guarantors are properly informed and protected. It is used when a third party agrees to guarantee a loan or financial obligation, typically in situations where additional security is required for a loan approval. The form must comply with strict regulatory requirements under Australian law, including the National Consumer Credit Protection Act 2009 and the Banking Code of Practice. It contains essential information about the guarantee's scope, risks, and obligations, mandatory warnings, and confirmation of independent legal advice. The document is particularly important in business lending, property purchases, and situations where borrowers require additional support to secure financing.
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1. Guarantor Details: Personal and contact information of the guarantor, including full legal name, address, and contact details
2. Borrower Details: Information about the borrower(s) whose obligations are being guaranteed
3. Loan/Credit Details: Specific details of the loan or credit facility being guaranteed, including amount, term, and purpose
4. Guarantee Extent: Clear statement of the scope and limit of the guarantee, including maximum liability amount
5. Warning Statements: Mandatory warning statements required by law, highlighted prominently
6. Key Risks and Obligations: Clear explanation of the guarantor's responsibilities and potential consequences
7. Independent Legal Advice: Confirmation whether independent legal advice has been obtained or waived
8. Acknowledgments: Specific acknowledgments by the guarantor regarding understanding of obligations and receipt of required information
9. Execution Block: Signature section with witness requirements and date
1. Security Details: Required when the guarantee is secured against specific assets of the guarantor
2. Multiple Guarantors: Additional section for joint and several liability when there are multiple guarantors
3. Company Guarantor: Special provisions when the guarantor is a company rather than an individual
4. Existing Liabilities: Details of any existing guaranteed liabilities when the guarantee is an addition to existing arrangements
5. Limited Guarantee Provisions: Specific limitations on the guarantee amount or duration when the guarantee is not unlimited
6. Foreign Language Declaration: Required when the guarantor's primary language is not English
1. Schedule 1 - Guaranteed Obligations: Detailed list of specific obligations being guaranteed
2. Schedule 2 - Security Details: Description of any assets provided as security for the guarantee
3. Appendix A - Information Statement: Mandatory information statement about guarantor rights and obligations
4. Appendix B - Legal Advice Certificate: Certificate from legal advisor confirming independent advice has been provided
5. Appendix C - Interpreter's Declaration: Declaration form for interpreter if used during the guarantee process
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Real Estate
Commercial Lending
Retail Banking
Property Development
Small Business Finance
Corporate Finance
Construction Finance
Asset Finance
Relevant Teams
Legal
Compliance
Credit Risk
Lending Operations
Retail Banking
Commercial Banking
Document Processing
Credit Assessment
Customer Service
Risk Management
Relevant Roles
Credit Manager
Loan Officer
Banking Relationship Manager
Credit Risk Officer
Legal Counsel
Compliance Officer
Lending Manager
Credit Analyst
Banking Operations Manager
Document Specialist
Mortgage Broker
Financial Advisor
Branch Manager
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