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Loan Personal Guarantee Form for Philippines

Loan Personal Guarantee Form Template for Philippines

This document is a legally binding personal guarantee agreement governed by Philippine law, specifically compliant with the Civil Code of the Philippines and relevant banking regulations. It serves as a formal commitment by a guarantor to secure the obligations of a borrower under a loan agreement. The document includes comprehensive provisions covering the scope of guarantee, payment obligations, enforcement mechanisms, and necessary representations and warranties, while incorporating specific requirements of Philippine banking and security laws. It is structured to protect the lender's interests while clearly defining the guarantor's obligations and liability limits.

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What is a Loan Personal Guarantee Form?

The Loan Personal Guarantee Form is a critical document in Philippine lending practices, commonly used when a lender requires additional security beyond the borrower's own creditworthiness. This document becomes necessary when a borrower's financial standing or collateral alone is insufficient to secure a loan, requiring a third party (the guarantor) to personally guarantee the loan repayment. The form must comply with Philippine banking regulations, the Civil Code's provisions on guarantees, and the Truth in Lending Act. It is particularly important in commercial lending, where personal guarantees from company directors or shareholders are often required for corporate loans. The document typically includes detailed provisions about the guarantee's scope, enforcement mechanisms, and the guarantor's obligations, while incorporating specific Philippine legal requirements such as spousal consent where applicable.

What sections should be included in a Loan Personal Guarantee Form?

1. Parties: Identifies the Guarantor, the Lender (Creditor), and references the Borrower

2. Background: Explains the context of the guarantee, including reference to the main loan agreement and the relationship between the Guarantor and the Borrower

3. Definitions: Defines key terms used throughout the guarantee agreement

4. Guarantee and Indemnity: Core section detailing the scope of the guarantee, the guaranteed obligations, and indemnification provisions

5. Nature of Guarantee: Specifies that this is a continuing guarantee and defines its characteristics (e.g., unconditional, irrevocable)

6. Guarantor's Representations and Warranties: Statements by the guarantor about their capacity, authority, and financial condition

7. Payment Obligations: Details how and when payments must be made by the guarantor upon demand

8. Preservation of Rights: Establishes that the lender's rights against the guarantor are preserved despite various circumstances

9. Enforcement: Specifies when and how the guarantee can be enforced

10. Governing Law and Jurisdiction: Confirms Philippine law as governing law and specifies jurisdiction for disputes

What sections are optional to include in a Loan Personal Guarantee Form?

1. Security: Include when the guarantor is providing additional security for their obligations

2. Joint and Several Liability: Include when there are multiple guarantors

3. Financial Covenants: Include when the guarantor must maintain certain financial conditions

4. Corporate Authority: Include when the guarantor is a corporation rather than an individual

5. Spousal Consent: Include when the guarantor is married and spousal consent is required under Philippine law

6. Language Declaration: Include when the guarantor's primary language is not English or Filipino

What schedules should be included in a Loan Personal Guarantee Form?

1. Schedule 1 - Guaranteed Obligations: Detailed description of the loan agreement and obligations being guaranteed

2. Schedule 2 - Form of Demand: Template for making a demand under the guarantee

3. Schedule 3 - Guarantor's Certificate of Authority: Documentary evidence of guarantor's authority (especially for corporate guarantors)

4. Appendix A - Copy of Loan Agreement: Attached copy of the underlying loan agreement being guaranteed

5. Appendix B - Statement of Personal Net Worth: Financial statement of the guarantor's assets and liabilities

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

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions

























Clauses
























Relevant Industries

Banking

Financial Services

Corporate Lending

Microfinance

Real Estate

Small Business Lending

Commercial Banking

Retail Banking

Investment Banking

Asset Management

Relevant Teams

Legal

Credit Risk

Compliance

Corporate Banking

Retail Banking

Credit Administration

Collections

Risk Management

Due Diligence

Document Management

Relevant Roles

Credit Officer

Loan Officer

Legal Counsel

Compliance Officer

Risk Manager

Banking Manager

Commercial Banking Officer

Corporate Finance Manager

Credit Risk Analyst

Legal Director

Relationship Manager

Collections Manager

Credit Administration Manager

Due Diligence Officer

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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