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Personal Guarantee Form Template for Switzerland

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Key Requirements PROMPT example:

Personal Guarantee Form

"I need a Swiss Personal Guarantee Form for a CHF 500,000 business loan where the company director will personally guarantee the debt of their manufacturing business, with the guarantee to remain in effect until January 2025."

Document background
The Personal Guarantee Form is a fundamental security instrument in Swiss business and financial transactions, commonly used when additional assurance is required for loans, leases, or other commercial obligations. This document, governed by Swiss law, particularly the Swiss Code of Obligations, enables a guarantor to provide security for another party's obligations. It requires careful drafting to ensure compliance with strict formal requirements, including mandatory notarization for personal guarantees exceeding CHF 2,000. The document must explicitly state the maximum liability amount and clearly define the guaranteed obligations. It's particularly relevant in situations involving corporate financing, real estate transactions, or business expansion where personal guarantees from directors, shareholders, or related parties are required to secure institutional or commercial funding.
Suggested Sections

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

2. Background: Brief context of the underlying obligation and the reason for the guarantee

3. Definitions: Key terms used in the guarantee, including 'Guaranteed Obligations', 'Principal Debt', 'Security Period'

4. Guarantee: Core guarantee provision, including the explicit maximum amount of the guarantee as required by Swiss law

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

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

7. Guarantor's Representations: Confirmations by the guarantor regarding their capacity and understanding of the obligations

8. Payment Obligations: Terms for how and when payments must be made under the guarantee

9. Enforcement: Conditions under which the guarantee can be enforced

10. Governing Law and Jurisdiction: Confirmation of Swiss law governance and jurisdiction

11. Execution: Signature blocks with necessary formalities, including space for notarization if required

Optional Sections

1. Principal Debtor's Consent: Section for principal debtor's acknowledgment - recommended when the principal debtor is party to the guarantee arrangement

2. Spouse Consent: Required when the guarantor is married and local regulations or creditor policy require spousal consent

3. Multiple Guarantors: Additional provisions needed when there is more than one guarantor, defining joint and several liability

4. Subordination Provisions: Used when the guarantee needs to be subordinated to other obligations or securities

5. Currency Provisions: Required when the guaranteed obligation is in a different currency from the guarantee

6. Tax Gross-Up: Optional provisions for tax treatment of payments under the guarantee

Suggested Schedules

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

2. Underlying Obligation Details: Details of the principal debt or obligation being guaranteed

3. Asset Statement: Declaration of guarantor's assets and financial status (often required for guarantees exceeding CHF 2,000)

4. Notarial Requirements: Specific formal requirements for notarization when guarantee exceeds CHF 2,000

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

Real Estate

Commercial Lending

Small and Medium Enterprises

Construction

Manufacturing

Retail

Professional Services

Import/Export

Hospitality

Relevant Teams

Legal

Finance

Credit Risk

Compliance

Corporate Banking

Commercial Lending

Risk Management

Treasury

Corporate Secretariat

Business Development

Relevant Roles

Chief Financial Officer

Finance Director

Credit Manager

Legal Counsel

Commercial Director

Risk Manager

Compliance Officer

Corporate Banking Manager

Credit Analyst

Business Development Manager

Contract Manager

Treasury Manager

Senior Loan Officer

Company Secretary

Corporate Finance 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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