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Personal Guarantee Form Template for Australia

An Australian Personal Guarantee Form is a legally binding document where an individual (the guarantor) commits to fulfilling the financial obligations of another party (the principal debtor) if they fail to meet their commitments. This document, governed by Australian federal and state laws, particularly the Australian Consumer Law and National Consumer Credit Protection Act, includes comprehensive provisions for the guarantee's scope, enforcement mechanisms, and protector measures for all parties involved. It requires specific formatting and content to ensure compliance with Australian legal requirements and banking regulations.

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What is a Personal Guarantee Form?

The Personal Guarantee Form is a critical document in Australian business and financial transactions, commonly used when extending credit, loans, or other financial accommodations. It serves as a risk mitigation tool for creditors while requiring careful consideration of consumer protection laws and banking regulations. The document is particularly relevant in situations where a business or individual seeks financial support but lacks sufficient credit history or assets for standalone approval. This form must comply with Australian legislation, including the National Consumer Credit Protection Act and Australian Consumer Law, and typically includes provisions for the guarantee's scope, enforcement procedures, and protections for all parties. It's essential for the document to incorporate mandatory warning statements and acknowledgments of independent legal advice as required by Australian law.

What sections should be included in a Personal Guarantee Form?

1. Parties: Identifies the Guarantor(s), the Creditor, and the Principal Debtor

2. Background: Explains the context of the guarantee, including the underlying debt or obligation being guaranteed

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 and limitations of the guarantee, including maximum liability if applicable

6. Nature of Guarantee: Establishes whether the guarantee is continuing, irrevocable, and/or unconditional

7. Guarantor's Obligations: Details specific obligations, including payment terms and timing

8. Creditor's Rights: Outlines the rights of the creditor in enforcing the guarantee

9. Representations and Warranties: Guarantor's confirmations regarding their capacity and understanding

10. Independent Legal Advice: Confirmation that the guarantor has received or had the opportunity to receive independent legal advice

11. Enforcement: Procedures and conditions for enforcing the guarantee

12. Governing Law: Specifies the applicable law and jurisdiction

13. Execution: Signing provisions and witness requirements

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

1. Security: Include when the guarantee is secured by specific assets or property

2. Multiple Guarantors: Additional provisions for when there are multiple guarantors, including joint and several liability

3. Limit of Liability: Include when the guarantee is to be limited to a specific amount

4. Priority and Subordination: Include when there are multiple creditors or security interests

5. Corporate Guarantor Provisions: Additional provisions required when the guarantor is a company

6. Assignment and Transfer: Include when the rights under the guarantee may need to be assigned

7. Guarantee Release Terms: Include specific conditions under which the guarantee may be released

8. Privacy Consent: Additional privacy provisions when personal information will be shared with credit reporting agencies

What schedules should be included in a Personal Guarantee Form?

1. Schedule 1 - Guaranteed Obligations: Detailed description of the obligations being guaranteed

2. Schedule 2 - Security Details: Details of any security provided in support of the guarantee

3. Schedule 3 - Independent Legal Advice Certificate: Certificate from legal advisor confirming advice provided to guarantor

4. Appendix A - Form of Demand: Template for making a demand under the guarantee

5. Appendix B - Privacy Consent Form: Detailed privacy consent provisions and declarations

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

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Guarantee Agreement

Sector

Banking

Cost

Free to use

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