The Personal Guarantee Loan Agreement is a crucial document in Irish business financing, commonly used when lending institutions require additional security for loans to businesses or individuals. This agreement is particularly relevant when a company's directors or shareholders personally guarantee their company's borrowing, or when individuals guarantee loans for family members or business partners. The document, governed by Irish law, must comply with strict regulatory requirements including the Consumer Credit Act 1995, Central Bank regulations, and consumer protection legislation. It typically includes detailed sections covering the guarantee's scope, enforcement provisions, representations and warranties, and the specific circumstances under which the guarantee can be called upon. The agreement is designed to protect the lender's interests while ensuring transparency and fairness for the guarantor, often requiring the guarantor to obtain independent legal advice before signing.
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1. Parties: Identifies all parties to the agreement including the Lender, Borrower, and Guarantor
2. Background: Explains the context of the loan and guarantee arrangement
3. Definitions: Defines key terms used throughout the agreement
4. The Loan: Details of the loan amount, purpose, and terms of repayment
5. The Guarantee: Scope and nature of the guarantee, including the Guarantor's obligations
6. Representations and Warranties: Statements of fact and assurances given by the Guarantor
7. Guarantor's Covenants: Ongoing obligations and commitments of the Guarantor
8. Enforcement: Circumstances and processes for enforcing the guarantee
9. Demands and Notices: Procedures for making demands under the guarantee and serving notices
10. Duration and Release: Term of the guarantee and conditions for release
11. Assignment and Transfer: Rights and restrictions regarding transfer of rights under the agreement
12. General Provisions: Standard contract clauses including governing law, jurisdiction, and severability
13. Execution: Signature blocks and execution requirements
1. Security: Include when additional security is being provided alongside the guarantee
2. Joint and Several Liability: Required when there are multiple guarantors
3. Independent Legal Advice: Include when the guarantor is required to obtain independent legal advice
4. Limited Recourse: Include when the guarantee is limited to specific assets or amounts
5. Cross-Default: Include when the guarantee is linked to other financial agreements
6. Financial Covenants: Include when specific financial conditions must be maintained by the Guarantor
7. Guarantee Limitations: Include when there are specific caps or limitations on the guarantee liability
1. Schedule 1 - Loan Details: Detailed terms of the underlying loan including amount, interest rate, and repayment schedule
2. Schedule 2 - Guaranteed Obligations: Detailed description of the obligations covered by the guarantee
3. Schedule 3 - Form of Demand: Template for making formal demands under the guarantee
4. Schedule 4 - Guarantor Information: Personal and financial information about the Guarantor
5. Appendix A - Notice Details: Contact information and addresses for service of notices
6. Appendix B - Independent Legal Advice Certificate: Certificate confirming the Guarantor has received independent legal advice
7. Appendix C - Asset Schedule: List of assets relevant to the guarantee (if applicable)
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Commercial Real Estate
Small and Medium Enterprises
Retail
Manufacturing
Professional Services
Construction
Technology
Agriculture
Hospitality
Relevant Teams
Legal
Compliance
Credit Risk
Commercial Banking
Corporate Finance
Operations
Document Management
Risk Assessment
Client Relations
Credit Administration
Relevant Roles
Commercial Lending Officer
Credit Risk Manager
Legal Counsel
Compliance Officer
Relationship Manager
Credit Analyst
Commercial Banking Manager
Financial Controller
Business Development Manager
Risk Assessment Officer
Document Control Specialist
Corporate Finance Manager
Banking Operations Manager
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