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Personal Guarantee Agreement Template for Switzerland

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Key Requirements PROMPT example:

Personal Guarantee Agreement

"I need a Personal Guarantee Agreement under Swiss law where a company director personally guarantees a business loan of CHF 500,000 for their startup company, with the guarantee being limited to 3 years and including provisions for early release if certain revenue targets are met."

Document background
The Personal Guarantee Agreement is a crucial document in Swiss commercial and financial practice, commonly used when additional security is required for loans, leases, or other financial obligations. It finds application in various contexts, from corporate financing to private lending arrangements. Under Swiss law, personal guarantees are strictly regulated by Articles 492-512 of the Swiss Code of Obligations, which impose specific formal requirements, particularly for guarantees provided by individuals. These requirements include written form, explicit amount specification, and notarization for guarantees exceeding CHF 2,000. The document serves to protect both the creditor's interests by providing additional security and the guarantor's interests through clear documentation of the scope and limits of their obligations. Personal Guarantee Agreements are particularly important in business financing, family business arrangements, and situations where corporate entities seek to strengthen their creditworthiness through personal guarantees from directors or shareholders.
Suggested Sections

1. Parties: Identification of the Guarantor, the Creditor, and reference to the Principal Debtor

2. Background: Context of the guarantee, including reference to the principal debt or obligation being guaranteed

3. Definitions: Key terms used in the agreement, including 'Guaranteed Obligations', 'Guarantee Period', and other relevant definitions

4. Guarantee: Core guarantee provisions, including the specific amount guaranteed and nature of the guarantee (joint and several or simple guarantee)

5. Scope of Guarantee: Detailed description of what obligations are covered by the guarantee

6. Duration: Term of the guarantee and any conditions for its termination

7. Guarantor's Obligations: Specific obligations of the guarantor, including payment obligations and notification requirements

8. Representations and Warranties: Guarantor's confirmations regarding their capacity, understanding of obligations, and financial situation

9. Enforcement: Conditions and process for enforcing the guarantee

10. Notices: Communication requirements and contact details

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

Optional Sections

1. Security: Include when additional security is provided by the guarantor

2. Joint and Several Liability: Include when multiple guarantors are involved

3. Principal Debtor's Consent: Include when the principal debtor's explicit consent is required or provided

4. Spouse's Consent: Include when the guarantor is married and spouse's consent is required under Swiss law

5. Currency Provisions: Include for guarantees involving foreign currency obligations

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

7. Limitation of Liability: Include when specific caps or limitations on the guarantee are agreed

8. Release Conditions: Include when specific conditions for releasing the guarantee are agreed

Suggested Schedules

1. Principal Obligation Details: Details of the underlying obligation being guaranteed

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

3. Financial Statements: Current financial statements of the guarantor if required

4. Related Security Documents: List and copies of any related security documents

5. Consent Forms: Required consent forms including spouse's consent if applicable

6. Payment Schedule: If the guarantee relates to specific payment obligations with defined schedules

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






























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Relevant Industries

Banking and Financial Services

Real Estate

Commercial Lending

Corporate Finance

Small and Medium Enterprises

Retail Banking

Construction

Manufacturing

Professional Services

Import/Export

Trading

Family Businesses

Relevant Teams

Legal

Finance

Risk Management

Commercial Banking

Credit Administration

Compliance

Treasury

Corporate Secretariat

Business Development

Loan Operations

Relevant Roles

Legal Counsel

Corporate Lawyer

Finance Director

Credit Manager

Risk Manager

Commercial Banking Officer

Relationship Manager

Compliance Officer

Contract Administrator

Chief Financial Officer

Credit Analyst

Business Development Manager

Treasury Manager

Company Secretary

Notary Public

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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