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A Guarantor Agreement creates a binding promise where someone (the guarantor) agrees to pay a debt or fulfill an obligation if the main borrower cannot. Under Swiss law, these agreements play a vital role in securing loans, rental contracts, and business deals by providing creditors with an extra layer of protection.

Swiss courts require these agreements to be in writing and clearly state the guaranteed amount. Common uses include parents guaranteeing their children's first apartment lease, business owners backing company loans, or established firms supporting their subsidiaries' financial commitments. The Swiss Code of Obligations sets strict rules about how these agreements must be structured and when they can be enforced.

Use a Guarantor Agreement when someone needs extra backing to secure a loan, lease, or business contract in Switzerland. This legal tool proves especially valuable when dealing with new businesses, first-time renters, or borrowers with limited credit history. Banks and landlords often require these agreements from established companies or individuals to reduce their risk.

The timing matters most when setting up new financial relationships or expanding business operations. Swiss law requires guarantors to have sufficient assets to cover their commitments, so it's essential to arrange these agreements early in negotiations. They're particularly useful for parent companies supporting subsidiaries, established businesses helping key suppliers secure funding, or family members assisting with property rentals.

• Personal Guarantee Agreement: Basic form where an individual guarantees another's debt or obligation, commonly used for personal loans or small business financing
• Lease Guarantor Form: Simplified agreement specifically for residential rental situations, typically used by parents guaranteeing student housing
• Commercial Lease Guaranty Form: More complex version for business properties, including specific provisions for company performance and financial stability
• Tenancy Agreement With Guarantor: Comprehensive rental contract that includes integrated guarantor provisions, streamlining the entire rental process

• Banks and Financial Institutions: Primary beneficiaries who require Guarantor Agreements to secure loans and reduce lending risks
• Property Owners and Landlords: Use these agreements to secure rental payments, especially for commercial properties or high-value residential leases
• Corporate Guarantors: Established companies that back their subsidiaries' or business partners' financial obligations
• Individual Guarantors: Often parents, family members, or business owners who personally guarantee obligations for others
• Legal Professionals: Draft and review agreements to ensure compliance with Swiss contract law and protect all parties' interests

• Identify Parties: Gather full legal names, addresses, and contact details of the primary debtor, guarantor, and creditor
• Define Obligations: Clearly specify the exact amount or scope of the guarantee, payment terms, and duration
• Financial Assessment: Document the guarantor's financial capacity through bank statements, asset records, or income proof
• Legal Requirements: Ensure compliance with Swiss Code of Obligations, particularly Articles 492-512 on guarantee contracts
• Document Generation: Use our platform to create a legally-sound agreement that includes all mandatory elements and proper formatting
• Validation Steps: Review all details for accuracy, obtain necessary signatures, and maintain copies for all parties

• Party Details: Complete legal names and addresses of guarantor, primary debtor, and creditor, with clear identification of roles
• Guarantee Scope: Precise amount or maximum limit of the guarantee obligation in Swiss Francs
• Duration Terms: Clear start date and expiration conditions of the guarantee commitment
• Payment Conditions: Specific circumstances triggering guarantee activation and payment terms
• Governing Law: Express reference to Swiss law and relevant Code of Obligations articles
• Signature Block: Dated signatures with proper authentication as required by Swiss law
• Release Conditions: Clear terms for when and how the guarantor's obligations end

A Guarantor Agreement differs significantly from a Credit Agreement in Swiss law, though they're often encountered together in financial transactions. While both deal with financial obligations, their core purposes and legal structures serve distinct functions.

• Primary Obligation: Credit Agreements establish the original debt between lender and borrower, while Guarantor Agreements create a secondary promise by a third party to pay if the primary debtor defaults
• Party Relationships: Credit Agreements involve direct two-party relationships between lender and borrower; Guarantor Agreements add a third-party safety net
• Legal Trigger: Credit Agreements activate immediately upon signing, while Guarantor Agreements remain dormant until a default occurs
• Risk Structure: Credit Agreements define the primary debt terms, whereas Guarantor Agreements provide additional security by spreading risk to another party