The Guaranty Form is a critical legal instrument used in Australian business and financial transactions where additional security is required for financial obligations. This document is specifically designed to comply with Australian federal and state legislation, including the Australian Consumer Law, National Consumer Credit Protection Act, and relevant state-based property laws. The form is typically used when a creditor requires additional security beyond the principal debtor's covenant, such as in business loans, property leases, or supply contracts. It includes comprehensive provisions for both individual and corporate guarantors, incorporating mandatory consumer protections, clear disclosure requirements, and enforcement mechanisms. The document addresses key areas such as the scope of guaranteed obligations, payment terms, enforcement rights, and the continuing nature of the guarantee, while ensuring compliance with statutory requirements for written guarantees in Australia.
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1. Parties: Identifies the Creditor, Principal Debtor, and Guarantor(s)
2. Background: Sets out the context of the primary obligation and the purpose of the guarantee
3. Definitions: Defines key terms used throughout the guarantee document
4. Guarantee and Indemnity: Core section detailing the guarantee obligations and indemnity provisions
5. Extent of Guarantee: Specifies the scope, limit, and nature of the guaranteed obligations
6. Guarantor's Obligations: Details specific obligations, representations, and warranties of the guarantor
7. Continuing Security: Establishes the guarantee as a continuing security until full discharge
8. Preservation of Rights: Protects creditor's rights in various scenarios including insolvency
9. Payments: Specifies payment obligations, timing, and method
10. Costs and Expenses: Addresses liability for costs related to the guarantee
11. General Provisions: Standard boilerplate clauses including notices, governing law, and jurisdiction
1. Corporate Guarantor Provisions: Additional provisions required when the guarantor is a company, including corporate authority and financial covenants
2. Multiple Guarantors: Additional provisions for when there are multiple guarantors, including joint and several liability
3. Security Provisions: Provisions for when the guarantee is supported by specific security assets
4. Financial Covenants: Additional financial requirements imposed on the guarantor
5. Guarantee Limit: Section defining specific monetary or other limits on the guarantee liability
6. Priority Arrangements: Provisions dealing with priority between different guarantors or security holders
7. Independent Legal Advice: Acknowledgment and certification of independent legal advice for individual guarantors
1. Details of Guaranteed Obligations: Schedule listing the specific obligations being guaranteed
2. Guarantor Details: Complete details of guarantor(s) including addresses and contact information
3. Security Details: Description of any security assets supporting the guarantee
4. Form of Demand: Template form for making a demand under the guarantee
5. Independent Legal Advice Certificate: Certificate to be completed by the guarantor's independent legal advisor
6. Deed of Priority: If applicable, details of priority arrangements with other creditors
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