The Guarantor Declaration is a crucial legal instrument in Philippine business and financial transactions, providing additional security to creditors by having a third party guarantee the obligations of a principal debtor. This document is commonly used in various scenarios including loan agreements, lease contracts, and commercial transactions where additional security is required. The declaration must comply with Philippine Civil Code requirements and clearly outline the scope of the guarantee, the obligations being guaranteed, and the conditions under which the guarantee can be enforced. Depending on whether the guarantor is an individual or corporation, additional requirements such as spousal consent or board resolutions may be necessary. The document serves as a risk mitigation tool for creditors while creating legally binding obligations for guarantors under Philippine law.
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1. Guarantor Details: Full legal name, address, and identification details of the guarantor
2. Principal Debtor Details: Identity and details of the person/entity whose obligations are being guaranteed
3. Creditor Details: Identity and details of the beneficiary of the guarantee
4. Guaranteed Obligations: Clear description of the debts, obligations, or liabilities being guaranteed
5. Guarantee Declaration: Formal statement of guarantee including the scope and nature of the guarantee
6. Duration of Guarantee: Term of the guarantee and any conditions for termination
7. Guarantor's Representations: Declarations regarding the guarantor's capacity and authority to provide the guarantee
8. Enforcement Rights: Rights of the creditor to enforce the guarantee
9. Governing Law: Confirmation that the declaration is governed by Philippine law
1. Corporate Authority: Required for corporate guarantors - includes board resolutions and corporate approvals
2. Security Provisions: Required when the guarantee is secured by specific assets or collateral
3. Multiple Guarantors: Required when there are multiple guarantors, defining joint and several liability
4. Spousal Consent: Required when the guarantor is married and conjugal property may be affected
5. Financial Covenants: Optional section for maintaining certain financial conditions during the guarantee period
6. Independent Legal Advice: Confirmation that the guarantor has received independent legal advice
1. Schedule A - Guaranteed Obligations: Detailed list of specific obligations, amounts, and terms being guaranteed
2. Schedule B - Security Details: Description of any security or collateral provided (if applicable)
3. Schedule C - Principal Agreement: Copy or details of the main agreement that is being guaranteed
4. Appendix 1 - Corporate Documents: Corporate authorizations and resolutions (for corporate guarantors)
5. Appendix 2 - Identity Documents: Copies of required identification documents of the guarantor
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate
Construction
Manufacturing
Retail
Transportation
Energy
Agriculture
Technology
Healthcare
Education
Small and Medium Enterprises
Relevant Teams
Legal
Finance
Risk Management
Compliance
Credit Administration
Corporate Secretariat
Treasury
Business Development
Operations
Contract Administration
Relevant Roles
Chief Financial Officer
Finance Director
Credit Risk Manager
Legal Counsel
Corporate Secretary
Compliance Officer
Banking Officer
Loan Officer
Credit Analyst
Contract Manager
Risk Management Officer
Treasury Manager
Business Development Manager
Account Manager
Corporate Lawyer
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