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Business Loan Guarantee Template for Switzerland

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Key Requirements PROMPT example:

Business Loan Guarantee

"I need a Business Loan Guarantee agreement under Swiss law for our technology company to guarantee a CHF 2 million loan to our subsidiary, with the guarantee period starting from March 1, 2025."

Document background
The Business Loan Guarantee is a fundamental document in Swiss commercial financing, used when a third party (guarantor) agrees to secure a business loan provided to a borrower. This guarantee agreement, governed by Swiss law, provides additional security to lenders by ensuring that if the primary borrower defaults, the guarantor will fulfill the payment obligations. The document must comply with strict requirements under the Swiss Code of Obligations, including written form requirements and clear specification of the maximum liability amount. It's particularly useful in scenarios where businesses need additional credit support to secure financing, such as startup funding, expansion projects, or large-scale commercial transactions. The guarantee can be continuing or limited in time and may be secured or unsecured, depending on the specific requirements of the transaction.
Suggested Sections

1. Parties: Identification of all parties: Guarantor, Lender (Creditor), and Borrower (Principal Debtor)

2. Background: Context of the guarantee, including reference to the underlying loan agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Guarantee: Core guarantee provisions, including the maximum guaranteed amount as required by Swiss law

5. Nature of Guarantee: Specification of whether it's a continuing guarantee and its independent nature from the primary obligation

6. Guarantor's Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and financial condition

7. Payment Provisions: Terms for making payments under the guarantee, including timing and method

8. Enforcement: Conditions and process for enforcing the guarantee

9. Discharge and Release: Conditions under which the guarantor may be discharged from obligations

10. Costs and Expenses: Allocation of costs related to the guarantee

11. Notices: Communication requirements and contact details

12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

13. Execution: Signature blocks and execution requirements

Optional Sections

1. Security: Include when the guarantee is secured by specific assets

2. Multiple Guarantors: Include when there are multiple guarantors, addressing joint and several liability

3. Currency Provisions: Include for cross-border transactions involving multiple currencies

4. Tax Provisions: Include when specific tax implications need to be addressed

5. Assignment and Transfer: Include when rights under the guarantee may need to be transferred

6. Time Limitation: Include when the guarantee is for a specific time period rather than continuing

7. Subordination: Include when the guarantee needs to be subordinated to other obligations

Suggested Schedules

1. Form of Demand: Template for making a demand under the guarantee

2. Underlying Loan Agreement: Copy or key terms of the loan agreement being guaranteed

3. Corporate Authorizations: Copies of relevant corporate approvals and authorizations

4. Security Details: Details of any security provided (if applicable)

5. Financial Statements: Recent financial statements of the Guarantor

6. Payment Details: Bank account and payment processing information

Authors

Alex Denne

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

Relevant legal definitions








































Clauses






























Relevant Industries

Banking & Financial Services

Real Estate & Construction

Manufacturing

Technology & Software

Healthcare

Energy & Utilities

Retail & Consumer Goods

Infrastructure

Transportation & Logistics

Professional Services

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Secretariat

Credit Administration

Business Development

Commercial Operations

Executive Management

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Risk Manager

Credit Manager

Treasury Manager

Banking Relationship Manager

Commercial Director

Business Development Manager

Financial Controller

Compliance Officer

Corporate Secretary

Managing Director

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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