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Personal Guaranty Agreement Template for Philippines

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Key Requirements PROMPT example:

Personal Guaranty Agreement

"I need a Personal Guaranty Agreement where a company director will personally guarantee a corporate loan of 5 million Philippine Pesos from ABC Bank, with the guarantee limited to the principal amount plus interest and to expire on March 1, 2025."

Document background
The Personal Guaranty Agreement is a crucial security document used in Philippine business and financial transactions when additional assurance is needed for the performance of obligations. It is commonly required by banks, financial institutions, and businesses when extending credit or entering into significant commercial arrangements. The agreement must comply with the Civil Code of the Philippines, particularly Articles 2047-2084 which govern guaranty contracts. It's essential when a creditor requires additional security beyond the principal debtor's commitment, especially in situations involving substantial loans, lease agreements, or major commercial contracts. The document details the guarantor's obligations, enforcement mechanisms, and rights of all parties, while ensuring compliance with Philippine legal requirements including proper execution and notarization.
Suggested Sections

1. Parties: Identifies the Guarantor, the Creditor, and the Principal Debtor

2. Background: Explains the context of the guaranty, including reference to the principal debt or obligation being guaranteed

3. Definitions: Defines key terms used throughout the agreement, including 'Guaranteed Obligations', 'Event of Default', and other relevant terms

4. Guaranty: Core section detailing the guarantor's promise to pay or perform the guaranteed obligations

5. Scope of Guaranty: Defines the extent and limitations of the guaranty obligation

6. Nature of Guaranty: Specifies whether the guaranty is continuing, irrevocable, unconditional, or otherwise

7. Representations and Warranties: Guarantor's confirmations regarding their capacity, authority, and financial condition

8. Preservation of Rights: Creditor's rights in relation to other security and ability to vary underlying obligations

9. Payments: Terms regarding how and when payments must be made, including provisions for taxes and set-off

10. Costs and Expenses: Responsibility for legal and other costs related to the guaranty

11. Duration and Release: Terms regarding how long the guaranty remains in effect and conditions for release

12. Notices: Communication requirements and contact details for all parties

13. Governing Law and Jurisdiction: Confirms Philippine law applies and specifies jurisdiction for disputes

14. Execution: Signature blocks and execution formalities

Optional Sections

1. Security: Include when the guaranty is secured by specific assets

2. Multiple Guarantors: Include when there is more than one guarantor, addressing joint and several liability

3. Assignment: Include when either party needs the right to assign their rights under the guaranty

4. Limit of Liability: Include when the guarantor's liability is to be capped at a specific amount

5. Corporate Authority: Include when the guarantor is a corporation, addressing corporate approvals

6. Subordination: Include when the guarantor's rights need to be subordinated to other creditors

7. Independent Legal Advice: Include when there's a requirement for the guarantor to obtain independent legal advice

8. Currency Provisions: Include for cross-border transactions involving multiple currencies

Suggested Schedules

1. Schedule 1 - Guaranteed Obligations: Details of the underlying debt or obligations being guaranteed

2. Schedule 2 - Principal Agreement: Copy or details of the main agreement giving rise to the guaranteed obligations

3. Schedule 3 - Security Details: Description of any security provided in support of the guaranty

4. Schedule 4 - Form of Demand: Template for making formal demands under the guaranty

5. Appendix A - Corporate Authorizations: Copies of relevant corporate approvals where the guarantor is a corporation

6. Appendix B - Legal Advice Certificate: Certificate confirming independent legal advice has been received, if required

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

Banking and Financial Services

Real Estate

Construction

Manufacturing

Retail

Import/Export

General Commerce

Small and Medium Enterprises

Corporate Services

Professional Services

Relevant Teams

Legal

Finance

Credit Control

Risk Management

Compliance

Treasury

Commercial Operations

Business Development

Corporate Secretariat

Collections

Relevant Roles

Chief Financial Officer

Finance Director

Credit Manager

Legal Counsel

Corporate Secretary

Risk Manager

Commercial Director

Banking Relationship Manager

Credit Analyst

Compliance Officer

Contract Administrator

Treasury Manager

Collections Manager

Business Development 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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