The Personal Guarantor Form is a crucial document in Philippine business and financial transactions, commonly used when additional security is required for loans, leases, or other financial obligations. This document is particularly relevant when a creditor requires personal assurance beyond the principal debtor's commitment, especially in situations involving new businesses, significant loan amounts, or when the principal debtor's creditworthiness needs supplementary support. The form must comply with Philippine Civil Code requirements regarding guarantees and sureties, banking regulations if used in financial transactions, and notarial laws for proper execution. It typically includes detailed provisions about the scope of the guarantee, the guarantor's obligations, enforcement mechanisms, and relevant representations and warranties.
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Key Requirements PROMPT example:
Personal Guarantor Form
"I need a Personal Guarantor Form for my real estate company where the company director will personally guarantee a 5-year commercial lease agreement starting March 1, 2025, with a maximum liability cap of 12 months' rent."
1. Parties: Identification of the Guarantor, the Creditor, and the Principal Debtor, including their complete names, addresses, and tax identification numbers
2. Background: Context of the guarantee, including details of the primary obligation or debt being guaranteed
3. Definitions: Key terms used throughout the document, including 'Guaranteed Obligations', 'Event of Default', and other relevant terminology
4. Guarantee and Indemnity: Core section detailing the scope of the guarantee, the guarantor's obligations, and indemnification provisions
5. Nature of Guarantee: Specifies that this is a continuing guarantee and defines whether it is conditional or unconditional
6. Guarantor's Representations and Warranties: Statements confirming the guarantor's capacity, authority, and financial ability to provide the guarantee
7. Payment Terms: Details of when and how the guarantor must fulfill the guarantee obligations
8. Duration and Termination: Terms specifying how long the guarantee remains in effect and conditions for termination
9. Enforcement: Procedures and conditions under which the guarantee can be enforced
10. Governing Law and Jurisdiction: Specification of Philippine law as governing law and designation of jurisdiction for disputes
11. Execution: Signature blocks and notarial requirements
1. Security Provisions: Include when the guarantor is providing additional security or collateral alongside the guarantee
2. Multiple Guarantors: Include when there is more than one guarantor, defining joint and several liability
3. Corporate Authority: Include when the guarantor is a corporation, detailing board resolutions and corporate approvals
4. Assignment and Transfer: Include when the guarantee might need to be assigned or transferred
5. Foreign Currency Provisions: Include when the guaranteed obligation is in a currency other than Philippine Peso
6. Limitation of Liability: Include when there is a need to cap the guarantor's liability or specify excluded obligations
1. Schedule 1 - Details of Principal Debt: Detailed description of the primary obligation being guaranteed, including amount, interest rates, and payment terms
2. Schedule 2 - Guarantor's Assets and Liabilities: Statement of the guarantor's financial position, required by some creditors
3. Schedule 3 - Specific Secured Assets: Description of any specific assets securing the guarantee, if applicable
4. Appendix A - Form of Demand: Standard form for making a demand under the guarantee
5. Appendix B - Required Corporate Resolutions: Template or copies of corporate resolutions where the guarantor is a corporation
Authors
Relevant legal definitions
Agreement
Business Day
Creditor
Default Interest
Event of Default
Guaranteed Obligations
Guarantor
Indebtedness
Interest Rate
Material Adverse Effect
Outstanding Balance
Payment Date
Principal Amount
Principal Debtor
Principal Obligations
Security
Secured Obligations
Term
Transaction Documents
Working Hours
Philippine Peso
Demand Notice
Enforcement Action
Guarantee Period
Insolvency Event
Notarial Certificate
Related Party
Secured Assets
Taxes
Business Day
Creditor
Default Interest
Event of Default
Guaranteed Obligations
Guarantor
Indebtedness
Interest Rate
Material Adverse Effect
Outstanding Balance
Payment Date
Principal Amount
Principal Debtor
Principal Obligations
Security
Secured Obligations
Term
Transaction Documents
Working Hours
Philippine Peso
Demand Notice
Enforcement Action
Guarantee Period
Insolvency Event
Notarial Certificate
Related Party
Secured Assets
Taxes
Clauses
Guarantee and Indemnity
Representations and Warranties
Payment Obligations
Continuing Security
Default and Acceleration
Enforcement
Waiver of Defenses
Assignment and Transfer
Severability
Notices
Governing Law
Jurisdiction
Amendment and Modification
Costs and Expenses
Indemnification
Multiple Guarantors
Set-off Rights
Further Assurance
Survival
Force Majeure
Entire Agreement
Counterparts
Notarial Acknowledgment
Limitation Period
Confidentiality
Representations and Warranties
Payment Obligations
Continuing Security
Default and Acceleration
Enforcement
Waiver of Defenses
Assignment and Transfer
Severability
Notices
Governing Law
Jurisdiction
Amendment and Modification
Costs and Expenses
Indemnification
Multiple Guarantors
Set-off Rights
Further Assurance
Survival
Force Majeure
Entire Agreement
Counterparts
Notarial Acknowledgment
Limitation Period
Confidentiality
Relevant Industries
Banking and Financial Services
Real Estate
Commercial Lending
Retail
Construction
Manufacturing
Small and Medium Enterprises
Import/Export
Professional Services
Hospitality
Relevant Teams
Legal
Finance
Credit Risk
Compliance
Operations
Commercial Banking
Corporate Banking
Collections
Risk Management
Business Development
Relevant Roles
Credit Officer
Loan Officer
Risk Manager
Legal Counsel
Corporate Secretary
Finance Manager
Business Development Manager
Contract Administrator
Compliance Officer
Banking Relationship Manager
Chief Financial Officer
Credit Risk Analyst
Collections Manager
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