The Suretyship Agreement is a critical legal instrument in Swiss commercial and financial transactions, used when a third party (the surety) agrees to guarantee the obligations of a debtor to a creditor. This document type is especially common in banking, commercial lending, and corporate transactions where additional security is required. The agreement must strictly comply with Swiss law requirements, particularly Articles 492-512 of the Swiss Code of Obligations, which mandate specific formal requirements including written form and maximum liability amounts. A Suretyship Agreement typically includes detailed provisions about the secured obligations, conditions for calling on the security, and the surety's rights and obligations. Special attention must be paid to consumer protection provisions when the surety is an individual, including mandatory spousal consent requirements for married sureties.

1. Parties: Identification of the Surety, the Creditor, and the Principal Debtor with full legal names and addresses

2. Background: Context of the suretyship, reference to the primary obligation, and relationship between parties

3. Definitions: Key terms used in the agreement, including 'Secured Obligations', 'Maximum Liability Amount', and 'Security Period'

4. Scope of Suretyship: Clear definition of the secured obligations and explicit statement of the maximum amount of liability as required by Swiss law

5. Surety's Obligations: Details of the surety's payment and performance obligations, including conditions for payment

6. Representations and Warranties: Surety's confirmations regarding capacity, authority, and understanding of obligations

7. Duration and Termination: Term of the suretyship and conditions for termination in accordance with Swiss law

8. Demands and Payments: Process for making demands under the suretyship and payment mechanisms

9. Preservation of Rights: Creditor's rights preservation and waiver of surety's defenses

10. Notices: Communication requirements and contact details for formal notices

11. Governing Law and Jurisdiction: Confirmation of Swiss law governance and jurisdiction for disputes