The Guarantor Declaration Form is a critical document used in German business and financial transactions when a third party (guarantor) agrees to secure the obligations of a debtor. This document, governed by German law, particularly the Civil Code (BGB), serves as a legally binding commitment where the guarantor agrees to satisfy the creditor's claims if the principal debtor fails to do so. The form must be in writing (Schriftform) as per § 766 BGB and requires careful drafting to ensure enforceability. When used in consumer contexts, specific protective provisions must be included to comply with German consumer protection laws. The document typically includes detailed information about all parties involved, the scope of the guarantee, and the underlying obligation being guaranteed.
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1. Identification of Parties: Details of the Guarantor, Principal Debtor, and Beneficiary including full legal names, addresses, and registration details if applicable
2. Underlying Obligation: Clear description of the main obligation or debt being guaranteed, including reference to the principal agreement
3. Guarantee Declaration: Express statement of guarantee in accordance with § 766 BGB, clearly stating the guarantor's commitment to satisfy the creditor's claim
4. Scope of Guarantee: Precise definition of what obligations are covered by the guarantee, including maximum amount if applicable
5. Duration of Guarantee: Specification of when the guarantee becomes effective and when it terminates
6. Payment Terms: Details of how and when the guarantor must fulfill their obligations upon demand
7. Representations and Warranties: Guarantor's confirmations regarding their capacity and authority to provide the guarantee
8. Governing Law: Explicit statement that German law governs the guarantee
9. Signature Block: Space for guarantor's signature, date, and any required witness or notary attestation
1. Consumer Protection Notice: Mandatory when guarantor is a consumer, including specific warnings about the risks and consequences of providing a guarantee
2. Limitation of Liability: Optional cap on the guarantor's maximum liability, if agreed between parties
3. Conditions Precedent: Any conditions that must be met before the guarantee becomes effective
4. Release Provisions: Specific circumstances under which the guarantor may be released from their obligations
5. Joint and Several Liability: Required when multiple guarantors are involved
6. Enforcement Submission: Optional immediate enforcement submission clause under ZPO § 794(1)(5)
7. Financial Information Requirements: Optional section requiring periodic financial information from guarantor, typically used in commercial contexts
1. Copy of Principal Agreement: Reference copy of the underlying agreement or obligation being guaranteed
2. Guarantor's Financial Statement: Current financial statement of the guarantor (required for commercial guarantees)
3. Authorization Documents: Corporate resolutions or powers of attorney if guarantee is given by a legal entity
4. Identity Documents: Copies of identification documents of the guarantor for verification purposes
Relevant legal definitions
Guarantee
Guaranteed Obligations
Principal Debt
Principal Agreement
Principal Debtor
Beneficiary
Guarantor
Guarantee Amount
Enforcement Event
Payment Demand
Business Day
Maximum Liability
Security Period
Release Date
Secured Parties
Default Interest Rate
Permitted Transfer
Guarantee Claim
Related Rights
Underlying Documents
Guaranteed Obligations
Principal Debt
Principal Agreement
Principal Debtor
Beneficiary
Guarantor
Guarantee Amount
Enforcement Event
Payment Demand
Business Day
Maximum Liability
Security Period
Release Date
Secured Parties
Default Interest Rate
Permitted Transfer
Guarantee Claim
Related Rights
Underlying Documents
Clauses
Guarantee Declaration
Scope of Guarantee
Payment Obligations
Representations and Warranties
Enforcement Rights
Limitation of Liability
Duration
Assignment and Transfer
Notices
Governing Law
Consumer Protection
Waiver of Defenses
Information Rights
Release Conditions
Default Provisions
Multiple Guarantors
Set-Off Rights
Costs and Expenses
Severability
Amendments
Entire Agreement
Scope of Guarantee
Payment Obligations
Representations and Warranties
Enforcement Rights
Limitation of Liability
Duration
Assignment and Transfer
Notices
Governing Law
Consumer Protection
Waiver of Defenses
Information Rights
Release Conditions
Default Provisions
Multiple Guarantors
Set-Off Rights
Costs and Expenses
Severability
Amendments
Entire Agreement
Relevant Industries
Banking and Financial Services
Real Estate
Commercial Leasing
Construction
Manufacturing
Retail
Professional Services
Healthcare
Education
Telecommunications
Relevant Teams
Legal
Finance
Risk Management
Compliance
Commercial Operations
Credit Administration
Corporate Secretariat
Business Development
Operations
Relevant Roles
Legal Counsel
Corporate Lawyer
Finance Manager
Credit Risk Officer
Compliance Officer
Commercial Director
Contract Manager
Banking Officer
Chief Financial Officer
Risk Manager
Company Secretary
Legal Operations Manager
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