The Guarantor Contract is a fundamental document in Australian financial and business transactions, used when one party agrees to guarantee the obligations of another. This document type is essential in various contexts, from personal guarantees for residential leases to corporate guarantees for business loans. The contract must comply with Australian federal legislation, including the National Consumer Credit Protection Act 2009 and the Australian Consumer Law, as well as state-specific requirements. It includes mandatory consumer protections, clear definitions of the guarantee's scope, and specific provisions for enforcement and termination. The document is particularly crucial in banking, real estate, and commercial transactions where additional security is required beyond the principal debtor's commitments.
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1. Parties: Identifies the guarantor(s), creditor, and principal debtor
2. Background: Explains the context of the guarantee and references the principal debt or obligation
3. Definitions and Interpretation: Defines key terms and interpretation rules for the agreement
4. Guarantee and Indemnity: Core provisions setting out the guarantee obligations and indemnity
5. Extent of Guarantee: Defines the scope and limitations of the guarantee
6. Guarantor Acknowledgments: Mandatory acknowledgments and confirmations from the guarantor
7. Warning Notices: Statutorily required warning notices and disclaimers
8. Representations and Warranties: Guarantor's confirmations about their capacity and understanding
9. Continuing Security: Provisions regarding the ongoing nature of the guarantee
10. Payments: Terms for how and when payments must be made under the guarantee
11. Enforcement: Creditor's rights and process for enforcing the guarantee
12. Release and Discharge: Conditions and process for releasing the guarantor
13. Expenses and Stamp Duty: Responsibility for costs and duties
14. Notices: How formal notices must be given and received
15. General Provisions: Standard boilerplate provisions including governing law
16. Execution: Signature blocks and attestation requirements
1. Security Provisions: Required when the guarantee is secured against specific assets
2. Multiple Guarantors: Additional provisions for when there are multiple guarantors
3. Corporate Guarantor Provisions: Special provisions required for corporate guarantors
4. Guarantee Limit: Included when the guarantee is limited to a specific amount
5. Priority Arrangements: Required when there are multiple creditors or security interests
6. Independent Legal Advice: Certificate section when independent legal advice is required
7. Financial Reporting: Required when ongoing financial reporting from guarantor is needed
8. Power of Attorney: Optional appointment of creditor as attorney in certain circumstances
1. Schedule 1 - Details of Principal Debt: Details of the underlying loan or obligation being guaranteed
2. Schedule 2 - Secured Property: Description of any property securing the guarantee
3. Schedule 3 - Guarantor Warning Notice: Prescribed form of statutory warning notice
4. Schedule 4 - Independent Legal Advice Certificate: Template certificate for legal advisor to complete
5. Schedule 5 - Guarantee Limitation Details: Specific details of any limitations on the guarantee amount
6. Appendix A - Payment Terms: Detailed payment arrangements and calculations
7. Appendix B - Consent of Related Parties: Any required third-party consents
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