The Guarantor Declaration Form is a crucial legal instrument in Dutch financial and commercial transactions, used when additional security is required for financial or commercial obligations. This document, governed by Dutch law, particularly the Civil Code (Burgerlijk Wetboek), serves to formally establish a guarantee relationship between three main parties: the guarantor, the primary debtor, and the creditor. The form must comply with strict legal requirements, including specific provisions for consumer protection when the guarantor is a natural person. It typically includes detailed information about the guaranteed obligations, risk warnings, financial limits, and the scope of the guarantee. The Guarantor Declaration Form is particularly important in lending transactions, property deals, and commercial contracts where additional security is required to support the primary obligation.
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1. Identification of Parties: Details of the Guarantor, the Creditor, and the Primary Debtor, including full legal names, addresses, and registration numbers where applicable
2. Declaration of Capacity: Guarantor's confirmation of acting either in personal or professional capacity, crucial for determining applicable legal protections
3. Reference to Primary Obligation: Clear identification of the main debt or obligation being guaranteed, including reference numbers and dates
4. Scope of Guarantee: Detailed description of the guaranteed obligations, maximum amount, and duration of the guarantee
5. Terms of Liability: Conditions under which the guarantee can be called upon and the extent of the guarantor's liability
6. Representations and Warranties: Guarantor's confirmations regarding their financial situation and understanding of the obligations
7. Risk Acknowledgment: Mandatory warnings about the risks of providing a guarantee, as required by Dutch law
8. Execution: Signature blocks with date and place of signing, including any witness requirements
1. Guarantee Limit: Section defining specific financial limits of the guarantee, used when the guarantee is not for the full amount of the primary obligation
2. Counter-Indemnity: Optional provisions regarding the guarantor's right to recover payments from the primary debtor, included when specifically negotiated
3. Financial Reporting Requirements: Additional section for corporate guarantors requiring periodic financial information disclosure
4. Multiple Guarantors Provisions: Required when there is more than one guarantor, defining joint and several liability
5. Release Conditions: Specific conditions under which the guarantor may be released from obligations, included when agreed upon
1. Primary Agreement Reference: Copy or extract of the primary agreement or obligation being guaranteed
2. Asset Statement: Declaration of guarantor's assets and financial position, particularly important for personal guarantees
3. Independent Legal Advice Certificate: Confirmation that the guarantor has received independent legal advice, if required
4. Identification Documents: Copies of identification documents and proof of address for all parties
Relevant legal definitions
Clauses
Party Identification
Guarantee Obligation
Scope of Guarantee
Duration
Payment Terms
Enforcement Rights
Default Provisions
Risk Acknowledgment
Representations and Warranties
Indemnification
Notice Requirements
Assignment and Transfer
Amendment and Modification
Governing Law
Jurisdiction
Severability
Entire Agreement
Counterparts
Data Protection
Execution
Guarantee Obligation
Scope of Guarantee
Duration
Payment Terms
Enforcement Rights
Default Provisions
Risk Acknowledgment
Representations and Warranties
Indemnification
Notice Requirements
Assignment and Transfer
Amendment and Modification
Governing Law
Jurisdiction
Severability
Entire Agreement
Counterparts
Data Protection
Execution
Relevant Industries
Banking & Financial Services
Real Estate
Commercial Lending
Corporate Finance
Retail Banking
Construction
Small Business Services
Property Development
Insurance
Investment Services
Relevant Teams
Legal
Credit Risk
Compliance
Commercial Banking
Corporate Finance
Retail Banking
Documentation
Client Services
Risk Management
Treasury
Relevant Roles
Legal Counsel
Credit Manager
Risk Officer
Compliance Officer
Financial Controller
Commercial Director
Loan Officer
Account Manager
Corporate Banker
Legal Administrator
Notary
Contract Manager
Business Development Manager
Treasury Manager
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