Promissory Note With Personal Guarantee for South Africa

Promissory Note With Personal Guarantee Template for South Africa

A comprehensive legal document governed by South African law that combines a promissory note (a written promise to pay a specific sum of money) with a personal guarantee. The document establishes both a primary obligation by the maker to repay a specified amount and a secondary obligation by a guarantor who personally undertakes to satisfy the debt if the maker defaults. The document is structured to comply with the Bills of Exchange Act 34 of 1964 and includes specific provisions required under South African suretyship law, particularly addressing the legal benefits of excussion and division.

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What is a Promissory Note With Personal Guarantee?

The Promissory Note With Personal Guarantee is commonly used in South African business and personal transactions where a formal acknowledgment of debt with additional security is required. This document serves dual purposes: it creates a legally binding promise to pay a specified sum of money under defined terms, while simultaneously establishing a personal guarantee as additional security for the payment obligation. It's particularly useful in situations where the creditor requires extra assurance of payment beyond the maker's promise, such as in business loans, property transactions, or significant personal loans. The document must comply with South African legislation, particularly the Bills of Exchange Act 34 of 1964 for the promissory note aspect and the General Law Amendment Act 50 of 1956 for the suretyship provisions. The structured format includes clear payment terms, default provisions, and explicit waiver of legal benefits by the guarantor.

What sections should be included in a Promissory Note With Personal Guarantee?

1. Parties: Identification of the Maker (Promisor), Payee (Promisee), and Guarantor with full legal names and addresses

2. Promise to Pay: Unconditional promise to pay a specific sum of money, including the principal amount in numbers and words

3. Payment Terms: Details of payment including due date(s), interest rate, payment method, and place of payment

4. Default Provisions: Consequences of default, including acceleration of the debt and recovery costs

5. Personal Guarantee: Terms of the personal guarantee, including the guarantor's unconditional commitment to pay upon maker's default

6. Guarantor's Waiver: Waiver of legal benefits such as excussion and division under South African law

7. Governing Law: Specification that South African law governs the note and guarantee

8. Signatures: Execution section for all parties with date and place of signing

What sections are optional to include in a Promissory Note With Personal Guarantee?

1. Security: Details of any collateral or security provided for the debt - include when the note is secured

2. Prepayment Terms: Conditions for early payment - include when early payment is allowed

3. Transfer Rights: Terms regarding the transferability of the note - include when the note should be negotiable

4. Joint and Several Liability: Include when there are multiple makers or guarantors

5. Notice Provisions: Specific requirements for notices - include when formal communication procedures are needed

6. Attorney Fees: Provisions for recovery of legal costs - include when enforcement costs should be recoverable

What schedules should be included in a Promissory Note With Personal Guarantee?

1. Payment Schedule: Detailed schedule of installment payments if not a single payment

2. Security Details: Description of any security or collateral provided

3. Guarantor Financial Statement: Current financial statement of the guarantor if required for enforcement

4. Specimen Signatures: Sample signatures of all parties for verification purposes

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

South Africa

Publisher

Genie AI

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Relevant Industries

Banking and Financial Services

Real Estate

Small Business and Entrepreneurship

Construction

Manufacturing

Retail

Professional Services

Agriculture

Mining

Technology

Relevant Teams

Legal

Finance

Credit Control

Risk Management

Treasury

Compliance

Commercial

Business Development

Collections

Corporate Affairs

Relevant Roles

Chief Financial Officer

Financial Manager

Credit Manager

Risk Manager

Legal Counsel

Compliance Officer

Business Development Manager

Account Manager

Treasury Manager

Collections Manager

Finance Director

Corporate Lawyer

Loan Officer

Contract Administrator

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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