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Guarantor Agreement For Loan Template for Switzerland

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Key Requirements PROMPT example:

Guarantor Agreement For Loan

"I need a Guarantor Agreement for Loan under Swiss law where our parent company will guarantee a CHF 2 million business loan to our subsidiary, with the guarantee to be effective from March 1, 2025."

Document background
The Guarantor Agreement For Loan is essential in Swiss lending transactions where additional security is required for a loan facility. This document is commonly used when a lender requires extra assurance beyond the borrower's own creditworthiness, typically in situations involving corporate groups, family businesses, or significant commercial loans. Under Swiss law, particularly the Swiss Code of Obligations (Articles 492-512), such guarantees must meet strict formal requirements, including written form and maximum liability specification. The agreement outlines the guarantor's obligations, enforcement mechanisms, and protective provisions for all parties. It's particularly relevant in scenarios where parent companies guarantee subsidiaries' loans, shareholders support their companies' borrowing, or individuals secure business loans for family members or related entities.
Suggested Sections

1. Parties: Identification of the Guarantor, Principal Debtor (borrower), and Beneficiary (lender)

2. Background: Context of the underlying loan agreement and the purpose of this guarantee

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

4. Guarantee: Core section specifying the guarantee's scope, maximum amount, and nature (joint and several or simple guarantee)

5. Guarantor's Representations and Warranties: Guarantor's confirmations regarding legal capacity, understanding of obligations, and financial condition

6. Duration and Extent of Liability: Term of the guarantee and specific limitations on the guarantor's liability

7. Payment Obligations: Details of when and how the guarantor must make payments upon default

8. Enforcement: Procedures and conditions for enforcing the guarantee

9. Costs and Expenses: Allocation of costs related to the guarantee and its enforcement

10. Notices: Communication requirements and contact details

11. Governing Law and Jurisdiction: Confirmation of Swiss law governance and jurisdiction for disputes

Optional Sections

1. Security: Include when the guarantor provides additional security for their obligations

2. Multiple Guarantors: Include when there is more than one guarantor, defining their relationship and obligations

3. Independent Advice: Include when the guarantor is an individual, confirming they received independent legal advice

4. Tax Provisions: Include when tax implications need specific addressing, particularly for cross-border situations

5. Currency Provisions: Include when the guaranteed loan is in a different currency from CHF

6. Assignment and Transfer: Include when transfer rights need to be specifically addressed

Suggested Schedules

1. Schedule 1 - Underlying Loan Agreement: Copy or key terms of the loan agreement being guaranteed

2. Schedule 2 - Form of Demand: Template for making a demand under the guarantee

3. Schedule 3 - Guarantor's Asset Statement: Declaration of the guarantor's financial position

4. Appendix A - Power of Attorney: If applicable, authorization documentation for signing

5. Appendix B - Corporate Approvals: If applicable, corporate resolutions or approvals for the guarantee

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

Commercial Lending

Corporate Finance

Small Business

Manufacturing

Retail

Construction

Agriculture

Technology

Healthcare

Relevant Teams

Legal

Finance

Risk Management

Compliance

Treasury

Credit

Commercial

Corporate Secretariat

Business Development

Relevant Roles

Legal Counsel

Corporate Lawyer

Finance Director

Chief Financial Officer

Risk Manager

Credit Manager

Compliance Officer

Banking Relationship Manager

Treasury Manager

Contract Administrator

Company Secretary

Commercial Director

Managing Director

Business Development Manager

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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