Guarantor Promissory Note

Guarantor Promissory Note Template for Switzerland

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Key Requirements PROMPT example:

"I need a Swiss law Guarantor Promissory Note for a CHF 2 million corporate loan to be repaid by March 2025, where the parent company will act as guarantor for its subsidiary's debt, with quarterly interest payments at 3.5% per annum."

Document background

The Guarantor Promissory Note is commonly used in Swiss commercial transactions where additional security is required for payment obligations. This document type combines two distinct legal instruments under Swiss law: a promissory note (which contains an unconditional promise to pay) and a guarantee (which provides additional security through a third-party commitment). It is particularly useful in situations where the creditor requires enhanced security for a debt, such as in commercial lending, property transactions, or business finance. The document must comply with strict formal requirements under Swiss law, including specific content requirements for both the promissory note and guarantee aspects. The structure and enforceability of a Guarantor Promissory Note are governed by the Swiss Code of Obligations, making it a robust instrument for securing payment obligations in Swiss commercial practice.

Suggested Sections

1. Place and Date of Issuance: Mandatory element under Swiss law specifying where and when the promissory note is issued

2. Identification of Parties: Clear identification of the Principal Debtor, Guarantor, and Beneficiary with full legal names and addresses

3. Promise to Pay: Unconditional promise to pay a specified sum, including the currency and amount both in numbers and words

4. Payment Terms: Specification of payment date, place of payment, and any installment arrangements

5. Guarantee Declaration: Explicit statement of guarantee, including the extent of the guarantor's liability and conditions of the guarantee

6. Interest Rate: If applicable, the agreed interest rate and calculation method

7. Enforcement Provisions: Terms regarding enforcement rights and procedures under Swiss law

8. Signatures: Designated spaces for signatures of both Principal Debtor and Guarantor, with date fields

Optional Sections

1. Transfer Rights: Section specifying whether and how the note can be transferred or assigned, include when negotiability is desired

2. Default Interest: Include when parties want to specify a different interest rate applicable upon default

3. Partial Payments: Include when the possibility of partial payments needs to be addressed specifically

4. Security Provisions: Include when additional security is provided alongside the guarantee

5. Notice Requirements: Include when specific notification procedures between parties need to be established

6. Governing Law and Jurisdiction: While Swiss law applies, include when specifying particular canton jurisdiction or dispute resolution procedures

Suggested Schedules

1. Payment Schedule: If payments are to be made in installments, detailed schedule of payment dates and amounts

2. Specimen Signatures: Where required for verification purposes, especially in banking contexts

3. Supporting Documents: Copies of relevant underlying agreements or documents referenced in the promissory note

4. Corporate Authorization: If the Principal Debtor or Guarantor is a company, evidence of authority to issue/guarantee the note

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Banking & Financial Services

Commercial Real Estate

Corporate Finance

Investment Management

Private Banking

Small and Medium Enterprises

Manufacturing

Construction

Import/Export

Professional Services

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Compliance

Corporate Secretariat

Commercial Banking

Business Development

Risk Management

Transaction Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Manager

Risk Manager

Commercial Banker

Legal Counsel

Corporate Lawyer

Compliance Officer

Business Development Manager

Account Manager

Financial Controller

Credit Analyst

Transaction Manager

Corporate Secretary

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