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1. Parties: Identification of the creditor, principal debtor, and surety (Bürge), including full legal names and addresses
2. Background: Context of the surety, describing the underlying loan or credit facility and the relationship between the parties
3. Definitions: Key terms used in the agreement, particularly defining the secured obligations and relevant loan documentation
4. Scope of Surety: Precise definition of the obligations covered by the surety, including maximum amount and duration
5. Nature of Surety: Specification of whether it is a temporary or indefinite surety, and whether it is a direct, general, or qualified surety
6. Surety's Obligations: Detailed description of the surety's payment and performance obligations
7. Representations and Warranties: Surety's confirmations regarding their financial capacity and understanding of the obligations
8. Enforcement and Payment Terms: Procedures for demanding payment from the surety and payment arrangements
9. Notices: Requirements and procedures for all formal communications between parties
10. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction of German courts
1. Multiple Sureties: Required when there are multiple sureties, defining joint and several liability
2. Release Conditions: Include when specific conditions for the release of the surety need to be defined
3. Information Rights: Optional section defining the surety's rights to information about the principal debt
4. Immediate Enforcement Clause: Optional submission to immediate enforcement (sofortige Zwangsvollstreckung) under § 794 No. 5 ZPO
5. Assignment and Transfer: Include when the surety or secured obligations may be transferred
6. Consumer Protection Clauses: Required when the surety is a consumer, including mandatory warnings and explanations
7. Relationship Disclosure: Required when the surety is a family member of the principal debtor, addressing BGH requirements
8. Security Release: Include when specifying conditions for release of other security interests
1. Secured Obligations Schedule: Detailed list of the specific loans, credit facilities, or other obligations covered by the surety
2. Payment Schedule: If applicable, schedule of any periodic payments or specific payment arrangements
3. Related Security Documents: List of other security documents related to the underlying obligation
4. Financial Disclosure Form: For consumer sureties, mandatory disclosure of financial situation and risk assessment
Banking and Financial Services
Commercial Lending
Corporate Finance
Real Estate
Manufacturing
Retail
Construction
Import/Export
Professional Services
Small and Medium Enterprises
Legal
Credit Risk
Commercial Banking
Corporate Finance
Compliance
Credit Administration
Risk Management
Treasury
Finance
Business Development
Legal Counsel
Credit Risk Manager
Loan Officer
Corporate Banking Manager
Compliance Officer
Credit Analyst
Commercial Banking Director
Legal Director
Contract Manager
Risk Assessment Officer
Banking Relationship Manager
Treasury Manager
Chief Financial Officer
Financial Controller
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