The Guarantee Agreement is a crucial financial security instrument used in Belgian commercial and financial transactions. It is commonly employed when a party requires additional security for the performance of contractual obligations, such as loan repayments, construction project completions, or commercial contract performance. The document must comply with Belgian Civil Code requirements, particularly Articles 2011-2043 regarding suretyship, and may also need to address specific requirements under Belgian financial regulations when used in banking contexts. The agreement specifies the guaranteed obligations, maximum liability, duration, and enforcement procedures. It becomes particularly important in situations where the principal debtor's creditworthiness needs to be supplemented, or when regulatory requirements mandate the provision of guarantees. The document must be carefully drafted to ensure enforceability under Belgian law and to address specific requirements that may apply when the guarantor is a financial institution or when consumer protection regulations are applicable.
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1. Parties: Identification of the Guarantor, the Beneficiary, and the Principal Debtor
2. Background: Context of the guarantee, including reference to the underlying obligation being guaranteed
3. Definitions: Definitions of key terms used throughout the agreement
4. Guarantee: Core guarantee provisions, including scope and nature of the guarantee (independent guarantee vs. suretyship)
5. Maximum Amount: Specification of the maximum amount covered by the guarantee
6. Duration: Term of the guarantee, including commencement and expiry dates
7. Demands and Payments: Process and requirements for making demands under the guarantee and payment obligations
8. Guarantor's Undertakings: Specific commitments and obligations of the guarantor
9. Representations and Warranties: Standard representations and warranties by the guarantor
10. Enforcement: Provisions regarding enforcement of the guarantee
11. Notices: Communication requirements and contact details
12. Governing Law and Jurisdiction: Confirmation of Belgian law as governing law and jurisdiction for disputes
13. Signature Block: Execution provisions and signature spaces
1. Counter-Indemnity: Optional section for when the guarantor requires indemnification from the principal debtor
2. Security: Required when additional security is provided to support the guarantee
3. Tax Gross-Up: Included when tax implications need to be addressed explicitly
4. Transfer and Assignment: Added when transfer rights need to be specifically addressed
5. Multiple Guarantors: Required when there is more than one guarantor, addressing joint and several liability
6. Consumer Protection Provisions: Mandatory when the guarantor is a consumer under Belgian law
7. Currency Provisions: Required when the guarantee involves multiple currencies
8. Step-In Rights: Optional provisions allowing the guarantor to step into the position of the principal debtor
1. Form of Demand: Template for making valid demands under the guarantee
2. Underlying Obligation: Copy or summary of the principal obligation being guaranteed
3. Corporate Authorizations: Copies of relevant corporate approvals and authorizations
4. Conditions Precedent: List of documents and conditions required before the guarantee becomes effective
5. Contact Details: Detailed contact information for all parties
6. Payment Instructions: Banking and payment details for guarantee payments
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