The Declaration from a Guarantor is a crucial document in Swiss commercial practice, commonly used in various business contexts where additional security is required for financial or commercial obligations. This declaration, strictly regulated under Swiss law, provides creditors with additional security while ensuring guarantors are protected through formal requirements and mandatory disclosures. The document is particularly important in banking, real estate, and commercial transactions where parties seek to secure obligations through personal or corporate guarantees. The declaration must comply with Articles 492-512 of the Swiss Code of Obligations, which mandate specific content and form requirements, including written form and maximum liability amounts. For natural persons acting as guarantors, the law provides additional protections, including mandatory spouse consent for guarantees exceeding CHF 1,000. This document is essential for risk management and securing commercial transactions in Switzerland.
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1. Identification of Parties: Full details of the Guarantor, the Creditor, and the Principal Debtor
2. Underlying Obligation: Clear description of the primary obligation or debt being guaranteed
3. Declaration of Guarantee: Express statement of the guarantee obligation, including the maximum amount of liability as required by Swiss law
4. Scope of Guarantee: Precise description of what obligations are covered by the guarantee
5. Duration: Term of the guarantee and any conditions for termination
6. Guarantor's Confirmations: Confirmations regarding financial capacity, understanding of obligations, and receipt of necessary information
7. Governing Law and Jurisdiction: Confirmation of Swiss law governance and jurisdiction
8. Execution: Formal execution block including date and handwritten signature as required by Swiss law
1. Spouse Consent: Required when guarantor is a natural person and guarantee exceeds CHF 1,000
2. Corporate Authority: Required when guarantor is a corporate entity, including confirmation of corporate approvals
3. Conditions Precedent: Any conditions that must be met before the guarantee becomes effective
4. Limitation of Liability: Any specific limitations or caps on the guarantor's liability beyond the maximum amount
5. Notice Requirements: Specific requirements for how and when notices must be given to the guarantor
6. Independent Guarantee Confirmation: Required when structured as an independent guarantee rather than a surety
7. Tax Provisions: Required when tax implications need to be specifically addressed
1. Schedule 1 - Underlying Agreement: Copy or summary of the principal agreement being guaranteed
2. Schedule 2 - Form of Demand: Template for making a demand under the guarantee
3. Schedule 3 - Spouse Consent Form: Standard form for spouse's written consent when required
4. Appendix A - Corporate Authorizations: Copies of relevant corporate approvals and authorizations if guarantor is a corporate entity
5. Appendix B - Supporting Documents: Any additional documents referenced in the guarantee or required by law
Relevant legal definitions
Guarantee
Guaranteed Obligations
Guaranteed Amount
Guarantor
Principal Debtor
Creditor
Underlying Agreement
Event of Default
Demand
Business Day
Guarantee Period
Effective Date
Termination Date
Enforcement Notice
Payment Date
Interest Rate
Default Interest
Security
Related Rights
Specified Currency
Guaranteed Liabilities
Material Adverse Change
Permitted Transfer
Swiss Law Requirements
Maximum Liability Amount
Guaranteed Obligations
Guaranteed Amount
Guarantor
Principal Debtor
Creditor
Underlying Agreement
Event of Default
Demand
Business Day
Guarantee Period
Effective Date
Termination Date
Enforcement Notice
Payment Date
Interest Rate
Default Interest
Security
Related Rights
Specified Currency
Guaranteed Liabilities
Material Adverse Change
Permitted Transfer
Swiss Law Requirements
Maximum Liability Amount
Clauses
Guarantee Obligations
Scope of Guarantee
Maximum Liability
Payment Obligations
Demands and Notices
Representations and Warranties
Guarantor Confirmations
Duration and Termination
Independent Obligations
Enforcement Rights
Set-Off Rights
Currency Provisions
Tax Gross-Up
Assignment and Transfer
Governing Law
Jurisdiction
Formal Requirements
Spouse Consent
Corporate Authority
Limitation of Liability
Indemnification
Communications
Severability
Amendments
Costs and Expenses
Scope of Guarantee
Maximum Liability
Payment Obligations
Demands and Notices
Representations and Warranties
Guarantor Confirmations
Duration and Termination
Independent Obligations
Enforcement Rights
Set-Off Rights
Currency Provisions
Tax Gross-Up
Assignment and Transfer
Governing Law
Jurisdiction
Formal Requirements
Spouse Consent
Corporate Authority
Limitation of Liability
Indemnification
Communications
Severability
Amendments
Costs and Expenses
Relevant Industries
Banking
Financial Services
Real Estate
Construction
Manufacturing
Retail
Import/Export
Professional Services
Hospitality
Commercial Leasing
Relevant Teams
Legal
Finance
Risk Management
Compliance
Treasury
Credit Control
Commercial Operations
Corporate Secretariat
Business Development
Banking Operations
Relevant Roles
Chief Financial Officer
Finance Director
Credit Risk Manager
Legal Counsel
Corporate Lawyer
Banking Relationship Manager
Commercial Director
Treasury Manager
Compliance Officer
Contract Manager
Risk Management Officer
Company Secretary
Business Development Manager
Credit Analyst
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