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Personal Guarantee Promissory Note
"I need a Personal Guarantee Promissory Note under Swiss law for a CHF 500,000 business loan to my manufacturing company, with quarterly installment payments over 3 years starting March 2025, where my parent company will act as guarantor."
1. Parties: Identification of the Principal Debtor (maker of the promissory note), the Beneficiary (payee), and the Guarantor
2. Background: Brief context of the underlying transaction and reason for the promissory note and guarantee
3. Definitions: Key terms used in the document, including 'Principal Debt', 'Guarantee Amount', and 'Maturity Date'
4. Promissory Note Declaration: The formal promise to pay, including the specific amount, currency, and payment date
5. Payment Terms: Details of how and when payment must be made, including any installment provisions
6. Guarantee Declaration: The formal guarantee commitment, meeting the requirements of Art. 492 CO
7. Scope of Guarantee: Clear definition of the extent of the guarantor's liability and any limitations
8. Enforcement Provisions: Process for demanding payment and enforcement against both principal debtor and guarantor
9. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Interest Provisions: Include when the note bears interest, specifying rate and calculation method
2. Security: Include when additional security is provided for the promissory note
3. Multiple Guarantors: Include when there is more than one guarantor, specifying joint and several liability
4. Early Payment Provisions: Include when early payment options are allowed, specifying any conditions or penalties
5. Assignment Provisions: Include when the note and/or guarantee rights may be assigned to third parties
1. Payment Schedule: If payments are to be made in installments, detailed schedule of payment dates and amounts
2. Form of Payment Demand: Standard form for making payment demands under the note
3. Guarantor's Financial Statement: Current financial statement of the guarantor (may be required by Swiss law for personal guarantees)
4. Underlying Agreement Reference: Details of the underlying agreement giving rise to the debt (if applicable)
Authors
Banking and Financial Services
Commercial Real Estate
Small and Medium Enterprises
Corporate Finance
Private Banking
Construction
Manufacturing
Retail
Professional Services
Agriculture
Legal
Finance
Treasury
Risk Management
Compliance
Credit Control
Commercial Operations
Corporate Banking
Business Development
Contract Administration
Chief Financial Officer
Finance Director
Credit Manager
Legal Counsel
Corporate Lawyer
Risk Manager
Treasury Manager
Financial Controller
Commercial Director
Compliance Officer
Banking Relationship Manager
Credit Analyst
Business Development Manager
Contract Manager
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