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Personal Guarantee Promissory Note
"I need a Personal Guarantee Promissory Note for a R500,000 business loan where the company director will personally guarantee the debt, with quarterly interest payments and final repayment due by March 2025."
1. Parties: Identifies the Guarantor (person providing the guarantee), the Creditor (beneficiary of the guarantee), and the Principal Debtor
2. Background: Describes the underlying debt obligation and the context for the guarantee and promissory note
3. Definitions: Defines key terms used in the document including 'Guaranteed Obligations', 'Principal Debt', 'Interest Rate' and 'Due Date'
4. Acknowledgment of Debt: Clear statement of the principal debt amount and acknowledgment by the guarantor
5. Promise to Pay: Unconditional promise to pay the guaranteed sum, including specification of amount, interest, and payment terms
6. Terms of Guarantee: Scope and nature of the guarantee, including whether it is conditional or unconditional, limited or unlimited
7. Interest Provisions: Details of interest calculations, rates, and compound periods
8. Payment Terms: Specifics of how and when payments must be made, including payment methods and locations
9. Default Provisions: Consequences of default and remedies available to the creditor
10. Demands and Notices: Process for making demands under the guarantee and requirements for notices
11. Governing Law and Jurisdiction: Specification of South African law as governing law and jurisdiction for disputes
1. Security Provisions: Include when the guarantee is secured by specific assets or collateral
2. Multiple Guarantors: Include when there are multiple guarantors, specifying joint and several liability
3. Assignment and Transfer: Include when the parties want to specifically address the transferability of the guarantee and note
4. Currency Provisions: Include when the guarantee involves foreign currency or multiple currencies
5. Costs and Expenses: Include when specific provisions about legal costs and enforcement expenses are needed
6. Independent Legal Advice: Include when there's a requirement for the guarantor to obtain independent legal advice
7. Release and Discharge: Include when specific conditions for release of the guarantor need to be detailed
1. Schedule 1 - Details of Principal Debt: Details of the underlying debt obligation, including amount, interest rate, and payment terms
2. Schedule 2 - Payment Schedule: Detailed schedule of payment dates and amounts if installment payments are involved
3. Schedule 3 - Security Details: Description of any security or collateral provided (if applicable)
4. Appendix A - Guarantor's Statement: Formal statement signed by guarantor acknowledging understanding of obligations
5. Appendix B - Legal Advice Certificate: Certificate from legal advisor confirming independent advice given (if required)
Authors
Banking
Financial Services
Real Estate
Construction
Manufacturing
Retail
Professional Services
Small Business
Corporate Finance
Investment
Business Services
Legal
Finance
Credit Control
Risk Management
Compliance
Treasury
Commercial Operations
Corporate Services
Business Development
Account Management
Credit Manager
Financial Director
Legal Counsel
Risk Manager
Commercial Director
Chief Financial Officer
Credit Controller
Financial Manager
Legal Officer
Compliance Officer
Business Development Manager
Account Manager
Corporate Lawyer
Banking Officer
Treasury Manager
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