Personal Guarantee Agreement Template for Belgium

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Key Requirements PROMPT example:

Personal Guarantee Agreement

"I need a Personal Guarantee Agreement governed by Belgian law where my company will act as beneficiary for a €500,000 business loan to a manufacturing company, with the company's CEO providing a personal guarantee effective from March 1, 2025."

Document background
The Personal Guarantee Agreement serves as a crucial security instrument in Belgian commercial and financial transactions, providing additional assurance to creditors by having a third party guarantee the obligations of a principal debtor. This document is commonly used in various contexts, including business loans, rental agreements, and commercial contracts, where additional security is required beyond the principal debtor's commitment. The agreement must comply with Belgian Civil Code requirements and, where applicable, consumer protection legislation. It typically includes detailed provisions on the scope of the guarantee, enforcement mechanisms, and the guarantor's obligations, while ensuring compliance with Belgian formal requirements for such security instruments. The document becomes particularly important in situations where the creditor requires additional comfort regarding the fulfillment of financial obligations, especially in commercial lending or significant business transactions.
Suggested Sections

1. Parties: Identification of the Guarantor, the Beneficiary (creditor), and the Principal Debtor

2. Background: Context of the guarantee, including reference to the underlying obligation or principal debt being guaranteed

3. Definitions: Definitions of key terms used throughout the agreement

4. Guarantee: The core guarantee provision, including the scope and nature of the guaranteed obligations

5. Extent of Liability: Clear statement of the maximum amount guaranteed and any limitations on the guarantor's liability

6. Duration: Term of the guarantee and any conditions for its termination

7. Demands and Payments: Process for making demands under the guarantee and payment terms

8. Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and understanding of the obligations

9. Independent Obligation: Confirmation that the guarantee is independent of the underlying obligation

10. Continuing Security: Provisions establishing the guarantee as a continuing security until full discharge

11. Enforcement: Rights and procedures for enforcing the guarantee

12. Notices: Communication requirements and contact details

13. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction

Optional Sections

1. Joint and Several Liability: Required when multiple guarantors are involved

2. Corporate Authority: Required when the guarantor is a company, including necessary corporate approvals

3. Consumer Protection Declarations: Required when the guarantor is a natural person, including mandatory warnings and acknowledgments under Belgian consumer law

4. Security Interest: Optional section for cases where additional security is provided alongside the guarantee

5. Subordination: Required when the guarantee needs to be subordinated to other obligations

6. Currency Provisions: Required for cross-border guarantees involving multiple currencies

7. Tax Gross-Up: Optional provisions for handling tax implications of guarantee payments

8. Assignment and Transfer: Optional provisions allowing transfer of the guarantee rights

Suggested Schedules

1. Form of Demand: Template for making formal demands under the guarantee

2. Underlying Agreement: Copy or summary of the principal obligation being guaranteed

3. Corporate Authorizations: Copies of relevant corporate approvals (if guarantor is a company)

4. Guarantor's Capacity Statement: Declaration of the guarantor's financial capacity and understanding

5. Consumer Protection Notice: Mandatory warnings and information for natural person guarantors

6. Payment Details: Banking and payment information for guarantee payments

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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 and Financial Services

Real Estate

Commercial Lending

Construction

Manufacturing

Retail

Professional Services

Technology

Import/Export

Small and Medium Enterprises

Relevant Teams

Legal

Finance

Risk Management

Compliance

Treasury

Commercial

Credit Control

Corporate Banking

Business Development

Operations

Relevant Roles

Legal Counsel

Commercial Director

Credit Manager

Risk Manager

Corporate Lawyer

Finance Director

Compliance Officer

Business Development Manager

Contract Manager

Chief Financial Officer

Banking Relationship Manager

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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