The Guarantee Contract (Garantievertrag) is a fundamental instrument in German commercial and financial transactions, used to provide security for various obligations ranging from loan repayments to performance obligations. This document is particularly relevant when a third party needs to provide additional security for a primary obligation, such as in project financing, real estate transactions, or corporate group structures. The contract must comply with German law requirements, particularly the provisions of the German Civil Code (BGB) regarding form and content. It typically includes detailed provisions on the scope of the guarantee, enforcement procedures, and any limitations on liability. The document is commonly used in business-to-business contexts but may also involve individuals as guarantors, in which case additional consumer protection requirements apply. The guarantee can be structured either as an independent guarantee (selbstständige Garantie) or as a surety (Bürgschaft), with different legal implications under German law.
Your data doesn't train Genie's AI
You keep IP ownership of your information
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
OR
Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc
1. Parties: Identification of the guarantor and beneficiary of the guarantee, including full legal names and addresses
2. Background: Context of the guarantee, including reference to the underlying obligation being guaranteed
3. Definitions: Key terms used in the guarantee agreement, including 'Guaranteed Obligations', 'Principal Debtor', and other relevant defined terms
4. Guarantee: Core guarantee obligation, including scope and nature (whether independent guarantee or surety)
5. Extent of Liability: Maximum amount of the guarantee and any limitations on liability
6. Duration: Term of the guarantee and any conditions for termination
7. Demands and Payments: Process for making demands under the guarantee and payment obligations
8. Representations and Warranties: Basic representations by the guarantor regarding capacity and authority
9. Preservation of Rights: Beneficiary's rights preservation and waiver of guarantor's defenses
10. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
1. Multiple Guarantors: Additional provisions for joint and several liability when there are multiple guarantors
2. Currency Provisions: Required for cross-border guarantees involving multiple currencies
3. Tax Gross-up: Provisions for tax implications of guarantee payments
4. Financial Covenants: Financial maintenance requirements for guarantor, typically used in commercial contexts
5. Information Undertakings: Guarantor's obligations to provide financial or other information, common in commercial guarantees
6. Consumer Protection Provisions: Required when the guarantor is a consumer, including mandatory warnings and information requirements
7. Assignment and Transfer: Provisions regarding the ability to transfer or assign the guarantee rights
8. Costs and Expenses: Allocation of costs related to preparation and enforcement of the guarantee
1. Form of Demand: Template for making formal demands under the guarantee
2. Underlying Obligation: Details of the principal obligation being guaranteed, if complex
3. Guarantor Resolution: Corporate authorization for the guarantee (for corporate guarantors)
4. Additional Guarantors: Form for additional guarantors to accede to the guarantee
Relevant legal definitions
Agreement
Beneficiary
Business Day
Demand
Guaranteed Obligations
Guarantor
Principal Debtor
Principal Agreement
Guarantee Period
Maximum Liability Amount
Permitted Transfer
Security Interest
Underlying Contract
Event of Default
Guarantee Claim
Payment Date
Guarantee Fee
Affiliate
Banking Hours
Business Hours
Confidential Information
Encumbrance
Force Majeure Event
Guaranteed Amount
Interest Rate
Material Adverse Effect
Notice
Party/Parties
Representative
Working Day
Beneficiary
Business Day
Demand
Guaranteed Obligations
Guarantor
Principal Debtor
Principal Agreement
Guarantee Period
Maximum Liability Amount
Permitted Transfer
Security Interest
Underlying Contract
Event of Default
Guarantee Claim
Payment Date
Guarantee Fee
Affiliate
Banking Hours
Business Hours
Confidential Information
Encumbrance
Force Majeure Event
Guaranteed Amount
Interest Rate
Material Adverse Effect
Notice
Party/Parties
Representative
Working Day
Clauses
Parties
Interpretation
Definitions
Guarantee Obligations
Scope of Guarantee
Payment Obligations
Enforcement
Representations and Warranties
Duration
Termination
Limitation of Liability
Indemnification
Assignment
Notices
Confidentiality
Data Protection
Force Majeure
Severability
Amendments
Entire Agreement
Costs and Expenses
Set-off Rights
Further Assurance
Waiver
Third Party Rights
Counterparts
Governing Law
Jurisdiction
Dispute Resolution
Interpretation
Definitions
Guarantee Obligations
Scope of Guarantee
Payment Obligations
Enforcement
Representations and Warranties
Duration
Termination
Limitation of Liability
Indemnification
Assignment
Notices
Confidentiality
Data Protection
Force Majeure
Severability
Amendments
Entire Agreement
Costs and Expenses
Set-off Rights
Further Assurance
Waiver
Third Party Rights
Counterparts
Governing Law
Jurisdiction
Dispute Resolution
Relevant Industries
Banking & Financial Services
Real Estate
Construction
Manufacturing
Retail
Infrastructure
Energy
Telecommunications
Information Technology
Professional Services
International Trade
Logistics & Transportation
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Commercial
Credit Control
Corporate Development
Real Estate
Project Management
Banking
Business Development
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Risk Manager
Treasury Manager
Commercial Director
Credit Manager
Compliance Officer
Contract Manager
Business Development Manager
Project Manager
Real Estate Manager
Banking Relationship Manager
Financial Controller
Find the exact document you need
SaaS Agreement
German law-governed SaaS Agreement for cloud-based software services, incorporating German legal requirements and GDPR compliance.
find out more
Distance Contract
A German law-compliant contract template for remote selling of goods or services, incorporating mandatory consumer protection provisions and distance selling regulations.
find out more
Client Confidentiality Policy
A German law-compliant policy document establishing protocols for protecting client confidential information, aligned with GDPR and German data protection requirements.
find out more
Labor Agreement
A German-law governed employment contract establishing the terms and conditions of employment between employer and employee, compliant with German labor regulations.
find out more
Design Agreement
German law-governed agreement establishing terms and conditions for professional design services, including scope, deliverables, and IP rights.
find out more
Website Maintenance Agreement
German law-governed agreement for website maintenance services, including service levels, responsibilities, and GDPR compliance.
find out more
Client Agreement Form
A German law-governed agreement establishing terms and conditions between service providers and clients, ensuring compliance with German legal requirements and GDPR.
find out more
It Service Level Agreement
A German law-governed agreement defining IT service delivery standards, performance metrics, and compliance requirements between service provider and client.
find out more
Apartment Rental Lease
German law-compliant residential lease agreement governing apartment rental terms and conditions under BGB regulations.
find out more
General Contract For Services
A German law-governed service agreement template establishing terms and conditions between service providers and clients, compliant with BGB requirements.
find out more
Bartender Contract
German law-compliant employment contract template for bartender positions, covering essential terms and industry-specific requirements.
find out more
Virtual Contract
German law-compliant virtual contract template for digital services, incorporating BGB and EU regulatory requirements.
find out more
Training Agreement Between Company And Trainer
German law-governed agreement between a company and trainer establishing terms for professional training services delivery and compliance requirements.
find out more
Reservation Contract
A German law-governed agreement establishing terms for reserving rights, goods, or services, including reservation period, fees, and conversion conditions.
find out more
Public Service Agreement
A German law-governed agreement between public authorities and service providers for public service delivery, subject to German administrative law and public sector regulations.
find out more
Operation And Maintenance Contract
German law-governed agreement establishing terms for facility operation and maintenance services, incorporating both Dienstvertrag and Werkvertrag elements.
find out more
Framework Contract In Procurement
A German law framework agreement establishing terms for multiple future procurements between a contracting authority and supplier(s), governed by German and EU procurement regulations.
find out more
Exclusive Buyer Brokerage Agreement
A German law-governed agreement establishing an exclusive relationship between a real estate broker and property buyer, defining representation rights and obligations under German real estate regulations.
find out more
Enterprise Subscription Agreement
German law-governed agreement for enterprise-level subscription services, establishing terms for service delivery, usage rights, and compliance requirements.
find out more
Development Services Agreement
A German law-governed agreement for development services, outlining terms for technology development projects including scope, deliverables, and legal compliance.
find out more
Customer Protection Agreement
A German law-governed agreement establishing consumer protection framework and rights in business-to-consumer relationships.
find out more
Clearing Agreement
German law-governed agreement establishing terms and conditions for clearing services between a clearing member and clearing house/CCP, incorporating EU and German regulatory requirements.
find out more
Administrative Contract
A German law Administrative Contract (öffentlich-rechtlicher Vertrag) establishing a formal relationship between public authorities and other entities under German administrative law.
find out more
Transfer Contract
A German law-governed contract facilitating the formal transfer of assets, rights, or obligations between parties, structured according to German Civil Code requirements.
find out more
Payment Settlement Agreement
A German law-governed agreement that establishes terms for settling outstanding payment obligations between parties, structured according to BGB requirements.
find out more
Dispatcher Agreement
A German law-governed agreement defining the relationship and obligations between a company and its dispatch service provider, aligned with German transportation and labor regulations.
find out more
Staffing Agreement
German law-governed agreement between a staffing agency and client company for temporary staffing services, ensuring compliance with AÜG and related labor regulations.
find out more
Personal Services Contract
German law-governed agreement for personal services provision between independent contractors and clients, ensuring compliance with BGB requirements.
find out more
Staff Contract
A comprehensive employment agreement compliant with German labor law and EU regulations, establishing terms and conditions of employment.
find out more
Volunteer Agreement
German law-governed Volunteer Agreement establishing the framework for voluntary work relationships, including key protections and obligations under German regulations.
find out more
Home Construction Contract
A German law-governed contract for residential construction projects, complying with BGB requirements and consumer protection regulations.
find out more
Home Repair Contract
A German law-compliant contract between a contractor and homeowner for residential repair work, governed by the BGB and German consumer protection regulations.
find out more
Truck Driver Contract Agreement
A German law-governed employment agreement between a transport company and truck driver, incorporating EU transport regulations and German labor law requirements.
find out more
Data Processing Agreement
A German-law compliant agreement governing personal data processing relationships under GDPR and BDSG requirements.
find out more
Landscape Contract
A German law-governed contract for landscaping services, including design, installation, and maintenance of outdoor spaces.
find out more
Graphic Design Contract
A German law contract for graphic design services, covering project scope, deliverables, and rights transfer under German civil and copyright law.
find out more
Guarantee Contract
A German law guarantee agreement establishing a guarantor's commitment to secure a principal debtor's obligations to a beneficiary, governed by the German Civil Code (BGB).
find out more
Volunteer Agreement Form
A German-law compliant agreement establishing the terms and conditions of voluntary service between an organization and a volunteer, ensuring clear distinction from employment relationships.
find out more
Design Services Agreement
A German law-governed agreement establishing terms and conditions for professional design services, including scope, deliverables, and intellectual property rights.
find out more
Loan Guarantee Agreement
A German law-governed agreement where a guarantor assumes responsibility for a borrower's loan obligations, structured under the German Civil Code (BGB).
find out more
Genie’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; Genie’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)
.png)