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Personal Guarantee Promissory Note Template for South Africa

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Key Requirements PROMPT example:

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."

Document background
The Personal Guarantee Promissory Note is a specialized financial instrument used in South African business and financial transactions where enhanced security for debt obligations is required. It serves a dual purpose by functioning both as a guarantee and a negotiable instrument, making it particularly useful in commercial lending, business financing, and credit arrangements. The document is commonly used when a creditor requires additional security beyond the principal debtor's commitment, typically in situations involving business loans, property transactions, or significant financial commitments. Under South African law, this document must comply with the formal requirements of both guarantee agreements and promissory notes, making it a robust security instrument that offers creditors multiple avenues for enforcement. The document includes specific details about the guaranteed amount, payment terms, interest rates, and enforcement provisions, while also incorporating necessary consumer protection elements required by South African legislation.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Construction

Manufacturing

Retail

Professional Services

Small Business

Corporate Finance

Investment

Business Services

Relevant Teams

Legal

Finance

Credit Control

Risk Management

Compliance

Treasury

Commercial Operations

Corporate Services

Business Development

Account Management

Relevant Roles

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

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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