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Personal Guaranty Agreement Template for Australia

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Key Requirements PROMPT example:

Personal Guaranty Agreement

"I need a Personal Guaranty Agreement for my company's loan of AUD 500,000, where I'll be personally guaranteeing the loan, with the guarantee period starting from March 1, 2025, and I want to include a maximum liability cap of AUD 600,000."

Document background
The Personal Guaranty Agreement is a fundamental document in Australian business and financial transactions, commonly used when additional security is required for loans, leases, or other financial obligations. This agreement is particularly relevant in situations where a creditor requires extra assurance beyond the principal debtor's commitment, such as in business loans, commercial leases, or supplier credit arrangements. The document must comply with Australian federal and state legislation, including consumer protection laws and financial services regulations. It typically includes detailed sections covering the guarantee's scope, the guarantor's obligations, enforcement procedures, and necessary consumer protections. The agreement is especially important in commercial contexts where business owners personally guarantee company obligations, or in situations where additional security is required for financial commitments.
Suggested Sections

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

2. Background: Explains the context of the guarantee, including the underlying debt or obligation and the relationship between parties

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Guarantee and Indemnity: Core section detailing the guarantee obligations and indemnification provisions

5. Extent of Guarantee: Specifies the scope and limitations of the guarantee, including maximum liability if applicable

6. Duration and Enforcement: Stipulates when the guarantee takes effect and how long it remains valid

7. Guarantor's Obligations: Details specific obligations, warranties, and undertakings of the guarantor

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

9. Default and Consequences: Specifies what constitutes default and the resulting consequences

10. Demands and Notices: Procedures for making demands under the guarantee and serving notices

11. Governing Law and Jurisdiction: Specifies Australian law as governing law and relevant jurisdiction

12. Execution: Formal signing section with necessary attestation requirements

Optional Sections

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

2. Joint and Several Liability: Required when there are multiple guarantors

3. Independent Legal Advice: Acknowledgment section recommended when dealing with individual guarantors for consumer protection

4. Limit of Liability: Optional cap on the guarantor's maximum liability

5. Assignment and Transfer: Include if the rights under the guarantee may be assigned or transferred

6. Priority and Subordination: Required when there are multiple guarantees or security interests

7. Financial Reporting Requirements: Include for ongoing monitoring of guarantor's financial position

8. Release and Discharge Provisions: Detailed provisions for terminating the guarantee under specific circumstances

Suggested Schedules

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

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

3. Schedule 3 - Principal Debtor Facilities: List of specific facilities or agreements covered by the guarantee

4. Appendix A - Independent Legal Advice Certificate: Certificate from legal advisor confirming advice given to guarantor

5. Appendix B - Financial Statement Template: Template for required financial reporting if applicable

6. Appendix C - Demand Notice Template: Standard form for making demands under the guarantee

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


































Clauses































Relevant Industries

Banking and Financial Services

Real Estate

Commercial Lending

Retail

Construction

Manufacturing

Professional Services

Small Business

Healthcare

Education

Relevant Teams

Legal

Finance

Credit Management

Risk Management

Compliance

Commercial Operations

Treasury

Business Development

Contract Administration

Collections

Relevant Roles

Chief Financial Officer

Finance Director

Credit Manager

Risk Manager

Legal Counsel

Commercial Manager

Business Development Manager

Account Manager

Compliance Officer

Treasury Manager

Contract Administrator

Financial Controller

Company Secretary

Credit Analyst

Collections Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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