The Guarantor Contract is a fundamental legal instrument in South African commercial practice, used to provide additional security for financial obligations. This document type is essential when a creditor requires extra assurance beyond the principal debtor's commitment, particularly in lending, property transactions, or major commercial deals. The contract must comply with South African legislation, including the National Credit Act 34 of 2005 and the General Law Amendment Act, which mandates written format. A Guarantor Contract typically includes detailed provisions about the guarantee's scope, enforcement mechanisms, and the specific circumstances under which the guarantor's obligations are triggered. It's commonly used in both corporate and individual contexts, requiring careful consideration of consumer protection laws when individuals are involved as guarantors.
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1. Parties: Identifies and defines the Guarantor, Creditor, and Principal Debtor
2. Background: Outlines the context of the guarantee, including reference to the principal debt or obligation being guaranteed
3. Definitions and Interpretation: Defines key terms used in the agreement and sets out rules for interpretation
4. Guarantee: Details the specific obligations being guaranteed and the extent of the guarantee
5. Duration of Guarantee: Specifies the term of the guarantee and any conditions for its termination
6. Nature of Guarantee: Establishes whether it's a continuing guarantee and its relationship to the principal obligation
7. Guarantor's Obligations: Lists specific undertakings and obligations of the guarantor
8. Creditor's Rights: Outlines the rights of the creditor in enforcing the guarantee
9. Demand and Payment: Specifies the process for making demands under the guarantee and payment terms
10. Representations and Warranties: Contains guarantor's confirmations about their capacity and authority
11. Preservation of Rights: Ensures creditor's rights are preserved despite various circumstances
12. Costs and Expenses: Allocates responsibility for costs related to the guarantee
13. Notices: Sets out how formal communications between parties should be made
14. General Provisions: Contains standard boilerplate clauses including governing law and jurisdiction
1. Security: Include when the guarantee is secured by specific assets or collateral
2. Multiple Guarantors: Include when there is more than one guarantor to specify joint and several liability
3. Corporate Guarantor Provisions: Include when the guarantor is a company, addressing corporate authority and financial assistance
4. Limit of Liability: Include when the guarantee is to be capped at a specific amount
5. Release Conditions: Include when specific conditions for releasing the guarantor are agreed
6. Assignment and Transfer: Include when rights under the guarantee may need to be transferred
7. Counter-Indemnity: Include when the guarantor requires indemnification from the principal debtor
1. Schedule 1 - Principal Obligations: Details of the underlying debt or obligations being guaranteed
2. Schedule 2 - Guarantee Limit: If applicable, specific details of any cap on the guarantee amount
3. Schedule 3 - Security Details: If applicable, details of any security provided for the guarantee
4. Schedule 4 - Form of Demand: Template for making formal demands under the guarantee
5. Appendix A - Corporate Authorizations: If applicable, corporate resolutions and authorizations for corporate guarantors
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