The Loan Guarantee Form is a critical legal instrument used in Australian lending arrangements where additional security is required for a loan facility. This document is essential when a lender requires a third party to guarantee a borrower's obligations, commonly used in both consumer and commercial lending contexts. The guarantee form must comply with Australian federal and state legislation, particularly the National Consumer Credit Protection Act 2009 and the Australian Consumer Law. It contains mandatory warning notices, acknowledgments, and requires careful attention to execution formalities. The document is structured to protect all parties' interests while ensuring enforceability under Australian law, often requiring independent legal advice for guarantors. It's particularly relevant in situations involving small business loans, family guarantees, or corporate group arrangements.
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1. Parties: Identification of the Guarantor, Lender, and Borrower with full legal names and addresses
2. Background: Context of the guarantee, including reference to the underlying loan agreement
3. Definitions: Definitions of key terms used throughout the guarantee
4. Guarantee and Indemnity: Core obligations of the guarantor, including scope of guarantee and indemnity provisions
5. Extent of Guarantee: Specific amount or limit of the guarantee and whether it's continuing
6. Guarantor's Acknowledgments: Statutory acknowledgments and confirmations required under Australian law
7. Warning Notice: Mandatory warning statement as required by the National Consumer Credit Protection Act
8. Lender's Rights: Rights of the lender in relation to enforcement and recovery
9. Payments: Terms regarding how and when payments must be made under the guarantee
10. Default and Enforcement: Consequences of default and enforcement mechanisms
11. Governing Law: Specification of Australian law as governing law and jurisdiction
12. Execution: Formal execution block with witness requirements
1. Security: Include when the guarantee is supported by specific security assets
2. Joint and Several Liability: Required when there are multiple guarantors
3. Independent Legal Advice: Certificate section when independent legal advice is required or recommended
4. Guarantee Limit: Include when the guarantee is limited to a specific amount rather than the full loan
5. Priority Arrangements: Include when there are multiple guarantees or security interests requiring priority arrangements
6. Financial Information Rights: Include when guarantor is given specific rights to receive financial information about the borrower
7. Release and Discharge: Include specific conditions for release when these differ from standard provisions
1. Schedule 1 - Loan Details: Details of the underlying loan being guaranteed, including amount, term, and key conditions
2. Schedule 2 - Security Details: Description of any security assets provided under the guarantee
3. Schedule 3 - Guarantor Certificates: Certificates of independent legal advice and other required guarantor confirmations
4. Appendix A - Form of Demand: Standard form for making a demand under the guarantee
5. Appendix B - Privacy Consent: Standard privacy consent form for credit checks and information sharing
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Relevant Industries
Banking & Financial Services
Real Estate
Commercial Lending
Retail Banking
Corporate Finance
Small Business
Construction
Manufacturing
Professional Services
Agriculture
Relevant Teams
Legal
Credit
Risk Management
Compliance
Commercial Banking
Retail Banking
Operations
Document Management
Corporate Finance
Client Services
Relevant Roles
Credit Manager
Loan Officer
Legal Counsel
Compliance Officer
Risk Manager
Commercial Banking Manager
Relationship Manager
Credit Analyst
Financial Advisor
Branch Manager
Contract Administrator
Business Development Manager
Corporate Lawyer
Banking Executive
Mortgage Broker
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