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Promissory Note Cosigner Agreement for Canada

Promissory Note Cosigner Agreement Template for Canada

A comprehensive legal document used in Canadian jurisdictions that establishes the terms and conditions under which a cosigner guarantees the repayment of a promissory note. The agreement outlines the cosigner's obligations, rights, and responsibilities in relation to the primary borrower's debt, incorporating requirements from both federal legislation (such as the Bills of Exchange Act) and provincial laws governing guarantees and consumer protection. It includes specific provisions for default scenarios, notice requirements, and the extent of the cosigner's liability, while ensuring compliance with Canadian banking and financial services regulations.

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What is a Promissory Note Cosigner Agreement?

The Promissory Note Cosigner Agreement is essential in Canadian lending practices where additional security is required for a loan or credit facility. This document is typically used when a primary borrower's creditworthiness or financial status alone is insufficient to secure the desired financing, requiring a third party (cosigner) to guarantee the debt. The agreement must comply with Canadian federal legislation, including the Bills of Exchange Act, and relevant provincial laws governing guarantees and consumer protection. It details the cosigner's obligations, the conditions under which they become liable, notice requirements, and the extent of their liability. The document is crucial for both personal and business lending scenarios, providing lenders with additional security while clearly defining the rights and obligations of all parties involved. The agreement includes specific provisions for enforcement, default remedies, and communication requirements, making it a vital tool in risk management for Canadian financial transactions.

What sections should be included in a Promissory Note Cosigner Agreement?

1. Parties: Identifies and defines the Lender, Primary Borrower, and Cosigner with their full legal names and addresses

2. Background: Explains the context of the agreement, referring to the primary promissory note and the desire to have it cosigned

3. Definitions: Defines key terms used throughout the agreement including 'Primary Note', 'Obligations', 'Default', and other relevant terms

4. Cosigner's Guarantee: Details the fundamental promise by the cosigner to guarantee the primary borrower's obligations under the promissory note

5. Scope of Liability: Defines the extent of the cosigner's liability and specifies whether it is limited or unlimited

6. Nature of Obligation: Establishes that the cosigner's obligation is joint and several with the primary borrower

7. Waiver of Rights: Specifies rights the cosigner waives, such as requiring the lender to first pursue the primary borrower

8. Payment Terms: Outlines when and how the cosigner must fulfill payment obligations if the primary borrower defaults

9. Duration: Specifies how long the cosigner's obligations remain in effect

10. Notices: Details how and when notices must be given to the cosigner regarding the primary borrower's payment status or defaults

11. Governing Law: Specifies that the agreement is governed by Canadian law and the applicable province

12. Execution: Signature block for all parties with date and witness provisions

What sections are optional to include in a Promissory Note Cosigner Agreement?

1. Collateral Security: Include when the cosigner is providing specific assets as additional security for the guarantee

2. Release Conditions: Include when there are specific conditions under which the cosigner can be released from their obligations

3. Rights of Subrogation: Include when specifying the cosigner's rights to recover from the primary borrower after paying the debt

4. Financial Statements: Include when the cosigner must provide periodic financial information to the lender

5. Death or Bankruptcy Provisions: Include when specifying what happens to the guarantee in case of the primary borrower's or cosigner's death or bankruptcy

6. Cross-Default Provisions: Include when the cosigner has other agreements with the lender that should be linked to this guarantee

7. Demand Requirements: Include when specifying particular requirements for how demand must be made on the cosigner

What schedules should be included in a Promissory Note Cosigner Agreement?

1. Schedule A - Primary Promissory Note: Copy or summary of the primary promissory note being guaranteed

2. Schedule B - Payment Schedule: Detailed schedule of payments due under the primary promissory note

3. Schedule C - Notice Requirements: Detailed procedures and timelines for notices to be given to the cosigner

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Relevant legal definitions

























Clauses
























Relevant Industries

Banking

Financial Services

Private Lending

Real Estate

Small Business

Consumer Finance

Commercial Banking

Mortgage Lending

Credit Unions

Alternative Lending

Relevant Teams

Legal

Compliance

Risk Management

Credit Administration

Loan Operations

Document Management

Collections

Customer Service

Financial Advisory

Underwriting

Relevant Roles

Loan Officer

Credit Manager

Legal Counsel

Compliance Officer

Risk Manager

Financial Advisor

Banking Officer

Mortgage Specialist

Collections Manager

Contract Administrator

Credit Analyst

Account Manager

Underwriter

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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