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Personal Guarantee Letter Template for South Africa

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Key Requirements PROMPT example:

Personal Guarantee Letter

"I need a Personal Guarantee Letter for my company's director to personally guarantee a business loan of R5 million from Standard Bank, with the guarantee period starting from March 1, 2025, and the director's personal property serving as additional security."

Document background
A Personal Guarantee Letter is commonly used in South African business and financial transactions where additional security is required for loans, leases, or other financial obligations. This document becomes particularly important when businesses or individuals seek credit facilities but lack sufficient credit history or assets for standalone approval. Under South African law, the guarantee must comply with specific legislative requirements, particularly the National Credit Act 34 of 2005 and Section 6 of the General Law Amendment Act. The document typically includes details of all parties involved, the extent of the guarantee, enforcement conditions, and duration of the guarantee. It's essential in risk mitigation strategies for creditors while creating significant personal liability for guarantors.
Suggested Sections

1. Letter Header: Formal letter heading including date, addressee details, and reference number

2. Guarantor Details: Full legal name, identification/registration number, and address of the guarantor

3. Primary Debtor Details: Full legal name and details of the person/entity whose obligations are being guaranteed

4. Debt/Obligation Details: Clear description of the principal debt or obligations being guaranteed

5. Guarantee Declaration: Express statement of guarantee and the extent of the guarantor's liability

6. Terms of Enforcement: Conditions under which the guarantee can be called upon and enforcement process

7. Duration and Termination: Period of validity of the guarantee and any termination provisions

8. Signature Block: Space for guarantor's signature, witness signatures, and date

Optional Sections

1. Multiple Guarantors Clause: Required when there is more than one guarantor, specifying joint and several liability

2. Security Details: Include when specific assets are pledged as security for the guarantee

3. Payment Terms: Specific payment arrangements or schedules if applicable

4. Demand Procedures: Detailed procedures for making demands under the guarantee if complex arrangements are needed

5. Governing Law Statement: While South African law applies by default, include if specific jurisdiction or dispute resolution procedures are required

Suggested Schedules

1. Schedule A - Primary Debt Details: Detailed breakdown of the principal debt or obligations being guaranteed

2. Schedule B - Security Details: Description of any assets or securities pledged (if applicable)

3. Appendix 1 - Supporting Documents: Copies of relevant underlying agreements or documents referenced in the guarantee

4. Appendix 2 - Resolution: Corporate resolution authorizing the guarantee (if guarantor is a company)

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
























Clauses

























Relevant Industries

Banking & Financial Services

Real Estate & Property

Commercial Lending

Retail

Construction

Small Business & Entrepreneurship

Manufacturing

Professional Services

Import/Export

Hospitality

Relevant Teams

Legal

Finance

Risk Management

Compliance

Credit Control

Commercial Operations

Business Development

Corporate Secretariat

Property Management

Contract Administration

Relevant Roles

Credit Manager

Risk Officer

Legal Counsel

Financial Director

Commercial Director

Credit Analyst

Compliance Officer

Account Manager

Business Development Manager

Corporate Secretary

Chief Financial Officer

Lending Officer

Property Manager

Contract Administrator

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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