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Lease Guaranty Form Template for Philippines

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Key Requirements PROMPT example:

Lease Guaranty Form

"I need a Lease Guaranty Form under Philippine law for a corporate guarantor backing a 5-year commercial lease of a retail space in Manila, with the guaranty amount capped at 24 months of rent and a requirement for annual financial statements from the guarantor."

Document background
The Lease Guaranty Form is a critical document used in Philippine real estate transactions when additional security is required for a lease agreement. This document is typically employed when a landlord requires extra assurance beyond the tenant's own creditworthiness, particularly in high-value commercial leases or when dealing with new businesses or tenants with limited credit history. The guaranty form, governed by Philippine civil law, creates a legally binding commitment from a third party (guarantor) to fulfill the tenant's obligations if they default. It contains specific provisions addressing the scope of guaranteed obligations, enforcement mechanisms, and remedies available under Philippine law, while ensuring compliance with local property regulations and notarial requirements. The document can be customized to include various levels of guaranty, from limited to absolute, and may be required by property owners, management companies, or financial institutions as part of their risk management strategy.
Suggested Sections

1. Parties: Identifies all parties to the guaranty agreement: the Guarantor, the Lessor (Landlord), and the Lessee (Tenant), including their complete legal names and addresses

2. Background: Explains the context of the guaranty, referencing the main lease agreement and establishing the relationship between the parties

3. Definitions: Defines key terms used throughout the document, including 'Guaranteed Obligations', 'Lease Agreement', 'Term', and other relevant terms

4. Scope of Guaranty: Details the specific obligations being guaranteed, including rent payments, security deposits, and other lease obligations

5. Nature of Guaranty: Specifies whether it's a continuing guaranty, absolute guaranty, or limited guaranty, and defines the duration of the guaranty

6. Guarantor's Obligations: Lists the specific commitments and responsibilities of the guarantor, including payment terms and conditions

7. Representations and Warranties: Contains guarantor's declarations regarding their legal capacity and financial ability to fulfill the guaranty

8. Enforcement and Remedies: Outlines the lessor's rights and remedies in case of default by either the lessee or guarantor

9. Waiver and Consent: Details what rights the guarantor waives and what changes to the lease they consent to without affecting the guaranty

10. Governing Law and Jurisdiction: Specifies that Philippine law governs the agreement and designates the jurisdiction for dispute resolution

11. Execution: Contains signature blocks for all parties and notarization requirements

Optional Sections

1. Financial Reporting Requirements: Optional section requiring the guarantor to provide periodic financial statements or proof of financial capacity

2. Multiple Guarantors Provisions: Required only when there are multiple guarantors, detailing joint and several liability

3. Corporate Authority: Required only when the guarantor is a corporation, including corporate resolutions and authorizations

4. Limitation of Liability: Optional section that caps the guarantor's maximum liability exposure

5. Assignment and Transfer: Optional section addressing whether the guaranty can be assigned and under what conditions

6. Notice Requirements: Optional detailed procedures for how notices must be given between parties

Suggested Schedules

1. Schedule A - Referenced Lease Agreement: Copy or key details of the main lease agreement being guaranteed

2. Schedule B - Guaranteed Obligations: Detailed list of specific obligations covered by the guaranty

3. Schedule C - Corporate Resolution: If guarantor is a corporation, corporate resolution authorizing the guaranty

4. Appendix 1 - Financial Statements: Recent financial statements or proof of financial capacity of the guarantor

5. Appendix 2 - Form of Notice: Template for required notices under the guaranty agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 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

Real Estate

Commercial Property

Residential Property

Retail

Office Space

Industrial Property

Hospitality

Shopping Centers

Warehousing

Manufacturing

Relevant Teams

Legal

Real Estate

Property Management

Finance

Risk Management

Operations

Compliance

Business Development

Contract Administration

Relevant Roles

Property Manager

Real Estate Manager

Legal Counsel

Corporate Lawyer

Leasing Manager

Asset Manager

Risk Manager

Commercial Director

Finance Director

Contract Administrator

Compliance Officer

Real Estate Agent

Business Development Manager

Operations 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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