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Loan Personal Guarantee Form
"I need a Loan Personal Guarantee Form under German law for a €500,000 commercial loan with two corporate guarantors, both being subsidiaries of the same parent company, to be effective from March 1, 2025."
1. Parties: Identification of the Guarantor, the Creditor, and reference to the Principal Debtor
2. Background: Context of the guarantee, including reference to the underlying loan agreement and the relationship between the Principal Debtor and the Guarantor
3. Definitions: Key terms used in the guarantee agreement, including 'Guaranteed Obligations', 'Principal Debt', and 'Security Period'
4. Guarantee and Indemnity: Core guarantee provisions, including the scope of the guarantee and the maximum amount guaranteed
5. Nature of Guarantee: Specification of whether it's a primary or secondary liability guarantee (selbstschuldnerische Bürgschaft or normale Bürgschaft)
6. Guarantor's Representations: Declarations regarding the Guarantor's capacity, understanding of obligations, and financial situation
7. Payment Provisions: Terms regarding how and when payments must be made under the guarantee
8. Duration and Release: Term of the guarantee and conditions for its termination or release
9. Enforcement and Waiver: Provisions regarding enforcement of the guarantee and any waiver of defenses
10. Notices: Communication requirements between parties
11. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Consumer Protection Declarations: Required when the Guarantor is acting as a consumer, including mandatory warnings and acknowledgments
2. Relationship Declaration: Required when the Guarantor is a family member of the Principal Debtor, addressing potential emotional commitment
3. Financial Limits: Optional cap on the Guarantor's liability, recommended for consumer guarantors
4. Multiple Guarantors: Required when there is more than one guarantor, defining joint and several liability
5. Cross-Border Provisions: Required when any party is located outside Germany or assets are located abroad
6. Bank Account Details: Optional section specifying payment arrangements and account details
1. Schedule 1 - Underlying Loan Agreement: Copy or key terms of the principal loan agreement being guaranteed
2. Schedule 2 - Payment Schedule: If applicable, schedule of guaranteed payment obligations
3. Schedule 3 - Guarantor's Statement of Assets: Optional but recommended disclosure of Guarantor's financial position
4. Appendix A - Form of Demand: Standard form for making demands under the guarantee
5. Appendix B - Consumer Warning Notice: Required for consumer guarantors, containing statutory warnings in prescribed format
Authors
Banking
Financial Services
Real Estate
Commercial Lending
Private Banking
Small Business Services
Corporate Finance
Retail Banking
Investment Banking
Consumer Finance
Legal
Credit Risk
Compliance
Banking Operations
Corporate Finance
Retail Banking
Commercial Banking
Risk Management
Contract Administration
Customer Relations
Legal Counsel
Credit Officer
Loan Officer
Risk Manager
Compliance Officer
Banking Manager
Corporate Lawyer
Finance Director
Relationship Manager
Credit Risk Analyst
Legal Director
Banking Operations Manager
Contract Manager
Treasury Manager
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