The Guarantor Declaration is a critical document in Irish financial and business transactions where additional security is required for loans, leases, or other financial obligations. This document is commonly used by financial institutions, landlords, and businesses to secure obligations through a third-party guarantee. The declaration must comply with Irish law requirements, including the Land and Conveyancing Law Reform Act 2009 and consumer protection legislation. It contains essential elements such as the scope of guaranteed obligations, acknowledgment of independent legal advice, and statutory warnings. The Guarantor Declaration is particularly important in protecting the interests of all parties by clearly defining the guarantor's obligations and ensuring they understand the implications of their commitment.
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1. Details of Parties: Identification of the Guarantor, the Principal Debtor (borrower), and the Beneficiary (lender)
2. Definitions: Key terms used throughout the declaration including 'Guaranteed Obligations', 'Principal Agreement', and 'Security'
3. Background: Context of the guarantee including reference to the principal debt or obligation being guaranteed
4. Guarantee and Indemnity: The core guarantee obligations and indemnity provisions
5. Scope of Guarantee: Detailed description of what obligations are covered by the guarantee
6. Duration: Term of the guarantee and conditions for its termination
7. Guarantor Confirmations: Explicit confirmations by the guarantor regarding their understanding of the obligations
8. Independent Legal Advice: Confirmation that the guarantor has received or had the opportunity to receive independent legal advice
9. Representations and Warranties: Guarantor's statements about their capacity and authority to provide the guarantee
10. Enforcement: Circumstances and process for enforcing the guarantee
1. Joint and Several Liability: Required when there are multiple guarantors
2. Limited Guarantee Amount: Used when the guarantee is capped at a specific amount rather than being unlimited
3. Corporate Authority: Required when the guarantor is a company rather than an individual
4. Security Provisions: Used when specific assets are being provided as security alongside the guarantee
5. Cross-Default Provisions: Optional section linking the guarantee to other financial obligations or agreements
6. Foreign Law Recognition: Required when the principal agreement is governed by a different jurisdiction
1. Details of Principal Agreement: Copy or summary of the main agreement being guaranteed
2. Form of Demand: Template for making a demand under the guarantee
3. Independent Legal Advice Certificate: Certificate from the guarantor's legal advisor confirming advice given
4. Asset Schedule: List of any assets provided as security (if applicable)
5. Guarantor's Statement of Assets and Liabilities: Financial disclosure form completed by the guarantor
Relevant legal definitions
Guarantee
Guaranteed Obligations
Principal Agreement
Principal Debtor
Beneficiary
Guarantor
Security
Event of Default
Guaranteed Amount
Demand
Business Day
Enforcement Action
Independent Legal Advice
Material Adverse Change
Outstanding Amount
Payment Date
Related Rights
Security Interest
Secured Obligations
Default Interest Rate
Effective Date
Guarantee Period
Liability
Notice
Professional Advisor
Recovery
Relevant Documents
Required Currency
Tax
Guaranteed Obligations
Principal Agreement
Principal Debtor
Beneficiary
Guarantor
Security
Event of Default
Guaranteed Amount
Demand
Business Day
Enforcement Action
Independent Legal Advice
Material Adverse Change
Outstanding Amount
Payment Date
Related Rights
Security Interest
Secured Obligations
Default Interest Rate
Effective Date
Guarantee Period
Liability
Notice
Professional Advisor
Recovery
Relevant Documents
Required Currency
Tax
Clauses
Guarantee and Indemnity
Representations and Warranties
Independent Legal Advice
Enforcement
Duration
Payment Obligations
Security
Default
Demand Requirements
Liability
Assignment
Notices
Costs and Expenses
Joint and Several Liability
Tax Gross-up
Currency
Set-off Rights
Amendments and Waivers
Severability
Governing Law
Jurisdiction
Execution
Acknowledgment
Statutory Declarations
Financial Reporting
Information Undertakings
Third Party Rights
Counterparts
Representations and Warranties
Independent Legal Advice
Enforcement
Duration
Payment Obligations
Security
Default
Demand Requirements
Liability
Assignment
Notices
Costs and Expenses
Joint and Several Liability
Tax Gross-up
Currency
Set-off Rights
Amendments and Waivers
Severability
Governing Law
Jurisdiction
Execution
Acknowledgment
Statutory Declarations
Financial Reporting
Information Undertakings
Third Party Rights
Counterparts
Relevant Industries
Banking & Financial Services
Real Estate & Property
Commercial Lending
Retail Banking
Corporate Finance
Small Business Services
Construction & Development
Investment Services
Professional Services
Manufacturing
Relevant Teams
Legal
Risk Management
Credit Operations
Compliance
Commercial Banking
Corporate Finance
Loan Operations
Documentation
Underwriting
Client Relations
Relevant Roles
Credit Manager
Risk Officer
Legal Counsel
Compliance Officer
Commercial Lending Manager
Mortgage Advisor
Business Development Manager
Underwriter
Corporate Banking Officer
Property Finance Manager
Credit Risk Analyst
Relationship Manager
Legal Operations Manager
Documentation Specialist
Commercial Director
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