Bank Personal Guarantee for the United States

Bank Personal Guarantee Template for United States

A Bank Personal Guarantee is a legally binding document used in the United States banking system where an individual (guarantor) promises to repay a debt if the primary debtor defaults. The document creates a secondary liability that banks can enforce under U.S. federal and state banking laws. It typically includes specific terms about the guarantee's scope, enforcement mechanisms, and the guarantor's obligations.

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What is a Bank Personal Guarantee?

Bank Personal Guarantees are commonly used in the United States when businesses or individuals seek financing but the lender requires additional security. This document is particularly important for small business loans where banks often require owners to personally guarantee corporate debt. The guarantee creates a direct obligation between the guarantor and the bank, allowing the bank to pursue the guarantor's personal assets if the primary debtor defaults. The document typically includes details about the guaranteed debt, conditions for calling the guarantee, and the extent of the guarantor's liability.

What sections should be included in a Bank Personal Guarantee?

1. Parties: Identifies the guarantor, creditor (bank), and primary debtor

2. Background: Explains the context of the guarantee and underlying debt

3. Definitions: Key terms used throughout the guarantee

4. Guarantee and Indemnity: Core guarantee provisions and scope of guarantor's liability

5. Nature of Guarantee: Whether continuing, limited, or unlimited guarantee

6. Guarantor's Obligations: Specific responsibilities and commitments of the guarantor

7. Enforcement: Bank's rights to enforce the guarantee

What sections are optional to include in a Bank Personal Guarantee?

1. Security Provisions: Additional provisions when the guarantee is secured by specific assets

2. Multiple Guarantors: Provisions dealing with joint and several liability when more than one guarantor exists

3. Foreign Currency Provisions: Provisions handling currency exchange risks when underlying debt is in foreign currency

What schedules should be included in a Bank Personal Guarantee?

1. Schedule of Guaranteed Obligations: Details of the underlying debt being guaranteed

2. Schedule of Security: List of assets securing the guarantee, if applicable

3. Financial Covenants Schedule: Specific financial requirements and maintenance covenants for guarantor

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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Clauses
Relevant Industries

Banking and Financial Services

Small Business

Real Estate

Commercial Lending

Relevant Teams

Finance

Legal

Credit Risk

Commercial Banking

Relevant Roles

Chief Financial Officer

Business Owner

Commercial Loan Officer

Risk Manager

Credit Analyst

Relationship Manager

Industries

Truth in Lending Act (TILA): Federal law that requires clear disclosure of lending terms and costs to protect consumers in credit transactions

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in credit transactions based on race, color, religion, national origin, sex, marital status, age, or public assistance program participation

Fair Credit Reporting Act (FCRA): Federal law regulating the collection, dissemination, and use of consumer credit information

Federal Trade Commission Act: Primary federal law governing unfair or deceptive trade practices affecting commerce

State Contract Laws: State-specific regulations governing contract formation, enforcement, and remedies

State Consumer Protection Laws: State-specific laws designed to protect consumers from fraudulent or unfair business practices

Statute of Frauds: Legal requirement that certain contracts must be in writing to be enforceable, particularly relevant for guarantee agreements

State Banking Regulations: State-specific rules governing banking operations and transactions within the state

State Usury Laws: State laws regulating maximum interest rates and charges that can be applied to loans

UCC Article 3: Uniform Commercial Code provisions governing negotiable instruments

UCC Article 9: Uniform Commercial Code provisions governing secured transactions and security interests

Consideration Requirements: Legal doctrine requiring that contracts must be supported by valid consideration to be enforceable

Capacity to Contract: Legal requirement that parties must have legal capacity to enter into binding contracts

Statute of Limitations: Time limits for bringing legal actions related to the guarantee agreement

Fraudulent Conveyance Laws: Laws preventing transfers of assets made to avoid creditor claims

Federal Reserve Regulations: Banking rules and guidelines issued by the Federal Reserve System

FDIC Requirements: Federal Deposit Insurance Corporation rules governing insured banking institutions

OCC Guidelines: Office of the Comptroller of the Currency guidelines for national banks and federal savings associations

Clear Disclosure Requirements: Legal obligations to provide clear and conspicuous disclosure of guarantee terms and obligations

Right of Rescission Rules: Regulations governing the guarantor's right to cancel or rescind the guarantee agreement within specified timeframes

Fair Lending Practices: Requirements for non-discriminatory lending practices and equal treatment of all guarantors

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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