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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."
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
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
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
Banking and Financial Services
Real Estate
Commercial Lending
Small and Medium Enterprises
Construction
Manufacturing
Retail
Professional Services
Import/Export
Hospitality
Legal
Finance
Credit Risk
Compliance
Corporate Banking
Commercial Lending
Risk Management
Treasury
Corporate Secretariat
Business Development
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
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