Release Of Personal Guaranty

Release Of Personal Guaranty Template for Switzerland

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Key Requirements PROMPT example:

"I need a Release of Personal Guaranty under Swiss law to release Mr. Johann Weber from his personal guarantee of CHF 500,000 provided to Credit Suisse AG on March 15, 2025, as the underlying loan has been fully repaid."

Document background

The Release Of Personal Guaranty is a crucial document used when a creditor agrees to discharge a guarantor from their obligations under a personal guarantee. This typically occurs when the underlying debt has been satisfied, the business relationship has concluded, or the parties have reached a settlement agreement. Under Swiss law, personal guarantees (regulated by the Swiss Code of Obligations) require strict formalities both in their creation and release. This release document must clearly identify the original guarantee, specify the scope of the release, and include all necessary party details. It's particularly important in commercial lending relationships where personal guarantees are commonly used to secure business loans or other financial obligations.

Suggested Sections

1. Date and Place: The date and location where the release is executed, which is important under Swiss law for establishing the temporal validity of the document

2. Parties Identification: Full legal names and addresses of the creditor releasing the guarantee and the guarantor being released

3. Original Guarantee Reference: Specific details of the original guarantee including date, parties, and amount

4. Release Declaration: Clear and unequivocal statement of release from the personal guarantee obligations

5. Effective Date: Specific date when the release becomes effective

6. Governing Law Reference: Explicit reference to Swiss law governing the release

7. Signature Blocks: Space for signatures of all parties, with full names and titles as required under Swiss law

Optional Sections

1. Partial Release Terms: Used when only part of the guarantee is being released while maintaining other obligations

2. Multiple Guarantor Provisions: Required when there are multiple guarantors and only some are being released

3. Consideration Statement: Include when there is specific consideration being provided for the release

4. Surviving Obligations: Used when certain obligations survive the release

5. Return of Original Guarantee: Include when the original guarantee document needs to be returned or canceled

6. Conditions Precedent: Include when the release is subject to certain conditions being met first

Suggested Schedules

1. Original Guarantee: Copy of the original guarantee document being released

2. Corporate Authorization: If the releasing party is a corporation, evidence of corporate authority to execute the release

3. Payment Confirmation: If the release is contingent on payment, proof of payment or settlement

4. Related Security Releases: Copies of releases of related security or collateral, if applicable

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 and Financial Services

Commercial Lending

Real Estate

Manufacturing

Import/Export

Construction

Retail

Professional Services

Small and Medium Enterprises

Corporate Finance

Relevant Teams

Legal

Finance

Risk Management

Compliance

Credit Administration

Treasury

Corporate Governance

Banking Operations

Relevant Roles

Chief Financial Officer

Finance Director

Credit Manager

Risk Manager

Legal Counsel

Corporate Lawyer

Banking Relationship Manager

Compliance Officer

Contract Administrator

Treasury Manager

Financial Controller

Credit Risk Officer

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Authors

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