Guarantor Agreement Template for Philippines

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Key Requirements PROMPT example:

Guarantor Agreement

"I need a Guarantor Agreement under Philippine law where ABC Corporation will guarantee a PHP 5 million business loan from Metropolitan Bank to my startup company, with the guarantee period starting from March 1, 2025, and including provisions for quarterly financial reporting."

Document background
The Guarantor Agreement is a crucial legal instrument in Philippine business and financial transactions, structured under the framework of the Philippine Civil Code and related banking regulations. This document is typically used when a third party needs to provide additional security for a borrower's obligations, commonly in scenarios involving corporate loans, property transactions, or commercial agreements. The agreement details the scope of the guarantee, enforcement mechanisms, and the rights and obligations of all parties involved. It must comply with specific Philippine legal requirements, including proper execution formalities and, where applicable, corporate authorization requirements. The Guarantor Agreement serves as a risk mitigation tool for creditors while providing a clear framework for guarantors to understand and manage their obligations.
Suggested Sections

1. Parties: Identification of the Guarantor, the Creditor, and the Principal Debtor

2. Background: Context of the underlying obligation and the purpose of the guarantee

3. Definitions: Definitions of key terms used throughout the agreement

4. Guarantee and Indemnity: Core section detailing the guarantee obligations and indemnification provisions

5. Scope of Guarantee: Extent and limitations of the guaranteed obligations

6. Duration: Term of the guarantee and conditions for termination

7. Guarantor's Representations and Warranties: Statements of fact and assurances provided by the guarantor

8. Payment Obligations: Terms and conditions for making payments under the guarantee

9. Enforcement: Circumstances and procedures for enforcing the guarantee

10. Preserving Rights: Provisions maintaining the creditor's rights and remedies

11. Notices: Communication procedures between parties

12. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes

13. Execution: Signature blocks and execution formalities

Optional Sections

1. Security: Include when the guarantee is secured by specific assets or collateral

2. Corporate Authority: Required when the guarantor is a corporation, detailing corporate approvals

3. Joint and Several Liability: Include when there are multiple guarantors

4. Assignment and Transfer: Include when rights under the guarantee may be assigned or transferred

5. Costs and Expenses: Include when specific cost allocation needs to be addressed

6. Tax Provisions: Include when tax implications need to be specifically addressed

7. Financial Covenants: Include when the guarantor must maintain specific financial conditions

8. Foreign Currency Provisions: Include when the guarantee involves foreign currency obligations

Suggested Schedules

1. Schedule 1 - Guaranteed Obligations: Detailed description of the obligations being guaranteed

2. Schedule 2 - Form of Demand: Standard form for making demands under the guarantee

3. Schedule 3 - Security Details: Details of any security or collateral (if applicable)

4. Schedule 4 - Corporate Authorizations: Copies of relevant corporate approvals and resolutions

5. Appendix A - Principal Agreement: Copy of the underlying agreement giving rise to the guaranteed obligations

6. Appendix B - Compliance Certificate: Form of certificate for periodic compliance confirmation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Banking and Financial Services

Real Estate and Property Development

Manufacturing

Retail and Commerce

Construction

Infrastructure

Agriculture

Technology and Communications

Energy

Transportation and Logistics

Relevant Teams

Legal

Finance

Risk Management

Compliance

Treasury

Credit Administration

Corporate Secretariat

Commercial Operations

Business Development

Contract Management

Relevant Roles

Chief Financial Officer

Legal Counsel

Corporate Secretary

Risk Manager

Credit Manager

Finance Director

Commercial Director

Treasury Manager

Compliance Officer

Business Development Manager

Contract Administrator

Financial Controller

Chief Legal Officer

Banking Relationship Manager

Credit Risk Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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