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Guarantee Promissory Note Template for Switzerland

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Key Requirements PROMPT example:

Guarantee Promissory Note

"I need a Swiss law Guarantee Promissory Note for CHF 2.5 million to secure a property development loan, where ABC Construction AG is the Principal Debtor and XYZ Bank AG is the Beneficiary, with a maturity date of March 15, 2025."

Document background
The Guarantee Promissory Note is commonly used in Swiss commercial and financial transactions where parties seek to combine the security of a guarantee with the negotiability and enforcement advantages of a promissory note. This document type is particularly valuable in situations requiring both payment security and potential transferability of the payment obligation. Under Swiss law, the instrument must comply with the formal requirements set forth in the Swiss Code of Obligations and the Geneva Convention, making it a robust tool for securing financial obligations. The document includes essential elements such as party identification, payment terms, due dates, and reference to the underlying obligation being guaranteed. A Guarantee Promissory Note is frequently used in commercial lending, international trade, and various business transactions where enhanced payment security is required.
Suggested Sections

1. Parties: Identification of the Guarantor-Maker (issuer of the note), the Beneficiary (payee), and reference to the Principal Debtor

2. Amount and Currency: Clear statement of the guaranteed sum and currency, written in both numbers and words

3. Unconditional Promise to Pay: Express and unconditional promise by the Guarantor-Maker to pay the specified amount

4. Due Date: Specification of when the payment is due (maturity date)

5. Place of Payment: Designation of where the payment is to be made

6. Reference to Underlying Obligation: Description of the primary obligation being guaranteed

7. Transfer and Negotiability: Terms regarding the transferability of the note

8. Governing Law and Jurisdiction: Explicit statement of Swiss law governance and jurisdiction

Optional Sections

1. Interest Provisions: Include when the note bears interest, specifying rate and calculation method

2. Protest Waiver: Optional waiver of protest requirements, commonly included to simplify enforcement

3. Partial Payment Terms: Include when partial payments are to be allowed and their treatment

4. Notice Requirements: Include when specific notice procedures are required beyond statutory requirements

5. Cross-Default Provisions: Include when the note should be linked to other financial obligations

6. Currency Conversion: Include when payment might be made in a different currency than specified

Suggested Schedules

1. Copy of Underlying Agreement: Attached copy of the principal agreement being guaranteed

2. Payment Schedule: If applicable, detailed schedule of installment payments

3. Corporate Authorizations: Evidence of authority to issue the guarantee promissory note

4. Specimen Signatures: Authenticated signatures of authorized signatories

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 and Financial Services

Insurance

Commercial Real Estate

Manufacturing

International Trade

Construction

Infrastructure Development

Wholesale and Distribution

Private Equity

Corporate Finance

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Commercial Operations

Credit Control

Corporate Secretariat

Trade Finance

Banking Operations

Relevant Roles

Chief Financial Officer

Treasury Manager

Financial Controller

Credit Manager

Risk Manager

Commercial Director

Legal Counsel

Corporate Banker

Trade Finance Manager

Compliance Officer

Company Secretary

Finance 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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