The Loan Personal Guarantee Form is a critical document in Belgian lending practices, used when a third party agrees to guarantee the repayment of another party's loan obligations. This document is essential in situations where additional security is required for a loan, particularly in commercial lending, property financing, or business loans where the lender requires personal assurance beyond the principal debtor's commitments. The form must comply with Belgian Civil Code requirements for suretyship (cautionnement/borgtocht) and includes specific protections required under Belgian consumer law when the guarantor is an individual. It details the extent of the guarantee, enforcement conditions, and the specific circumstances under which the guarantee can be called upon. The document is particularly important in the Belgian context due to specific legal requirements regarding form, content, and execution of personal guarantees.
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1. Parties: Identification of the Guarantor, Creditor, and Principal Debtor, including full legal names, addresses, and registration details where applicable
2. Background: Context of the guarantee, including reference to the principal debt agreement and relationship between the parties
3. Definitions: Definitions of key terms used throughout the guarantee agreement
4. Guarantee: Core provisions detailing the scope and nature of the guarantee obligation
5. Extent of Liability: Clear statement of the maximum amount guaranteed and any limitations on liability
6. Duration: Term of the guarantee and conditions for termination
7. Guarantor's Obligations: Detailed description of the guarantor's duties and responsibilities
8. Representations and Warranties: Guarantor's confirmations regarding their capacity and authority to enter into the guarantee
9. Payment Terms: Procedures and timing for payments under the guarantee
10. Enforcement: Circumstances and procedures for enforcing the guarantee
11. Notices: Requirements for formal communications between parties
12. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction
13. Execution: Signature blocks and execution requirements
1. Multiple Guarantors: Additional provisions for cases involving more than one guarantor, including joint and several liability
2. Security: Where additional security is provided alongside the personal guarantee
3. Tax Provisions: Specific provisions regarding tax implications and responsibilities
4. Assignment: Provisions regarding the ability to transfer rights under the guarantee
5. Personal Data Protection: GDPR compliance provisions where personal data processing is involved
6. Language Declaration: Required for guarantees involving parties from different Belgian language regions
7. Independent Legal Advice: Confirmation that the guarantor has received independent legal advice
8. Financial Caps: Specific limitations on the guarantor's liability based on their financial capacity
1. Principal Debt Agreement: Copy or summary of the underlying loan agreement
2. Payment Schedule: Schedule of payments under the principal debt agreement
3. Asset Declaration: Declaration of the guarantor's assets and financial position
4. Specimen Signature: Verified signature specimen of the guarantor
5. Legal Capacity Certificate: If required, documentation confirming the guarantor's legal capacity
6. Consent Forms: Any required spousal or third-party consent forms
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