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Guarantor Statement Form

Guarantor Statement Form Template for Australia

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Key Requirements PROMPT example:

Guarantor Statement Form

"I need a Guarantor Statement Form for a company director providing a personal guarantee for a $2 million business loan in New South Wales, with the guarantee to commence from March 2025."

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Document background
The Guarantor Statement Form is a crucial document in Australian lending practices that provides security to lenders while ensuring guarantors are properly informed and protected. It is used when a third party agrees to guarantee a loan or financial obligation, typically in situations where additional security is required for a loan approval. The form must comply with strict regulatory requirements under Australian law, including the National Consumer Credit Protection Act 2009 and the Banking Code of Practice. It contains essential information about the guarantee's scope, risks, and obligations, mandatory warnings, and confirmation of independent legal advice. The document is particularly important in business lending, property purchases, and situations where borrowers require additional support to secure financing.
Suggested Sections

1. Guarantor Details: Personal and contact information of the guarantor, including full legal name, address, and contact details

2. Borrower Details: Information about the borrower(s) whose obligations are being guaranteed

3. Loan/Credit Details: Specific details of the loan or credit facility being guaranteed, including amount, term, and purpose

4. Guarantee Extent: Clear statement of the scope and limit of the guarantee, including maximum liability amount

5. Warning Statements: Mandatory warning statements required by law, highlighted prominently

6. Key Risks and Obligations: Clear explanation of the guarantor's responsibilities and potential consequences

7. Independent Legal Advice: Confirmation whether independent legal advice has been obtained or waived

8. Acknowledgments: Specific acknowledgments by the guarantor regarding understanding of obligations and receipt of required information

9. Execution Block: Signature section with witness requirements and date

Optional Sections

1. Security Details: Required when the guarantee is secured against specific assets of the guarantor

2. Multiple Guarantors: Additional section for joint and several liability when there are multiple guarantors

3. Company Guarantor: Special provisions when the guarantor is a company rather than an individual

4. Existing Liabilities: Details of any existing guaranteed liabilities when the guarantee is an addition to existing arrangements

5. Limited Guarantee Provisions: Specific limitations on the guarantee amount or duration when the guarantee is not unlimited

6. Foreign Language Declaration: Required when the guarantor's primary language is not English

Suggested Schedules

1. Schedule 1 - Guaranteed Obligations: Detailed list of specific obligations being guaranteed

2. Schedule 2 - Security Details: Description of any assets provided as security for the guarantee

3. Appendix A - Information Statement: Mandatory information statement about guarantor rights and obligations

4. Appendix B - Legal Advice Certificate: Certificate from legal advisor confirming independent advice has been provided

5. Appendix C - Interpreter's Declaration: Declaration form for interpreter if used during the guarantee process

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Clauses
Identification and Parties
Scope of Guarantee
Nature of Liability
Risk Disclosure
Financial Obligations
Payment Terms
Default Provisions
Enforcement Rights
Indemnification
Recovery Rights
Duration and Termination
Notice Requirements
Independent Advice
Representations and Warranties
Privacy and Confidentiality
Acknowledgments and Declarations
Execution Requirements
Governing Law
Dispute Resolution
Assignment and Transfer
Variation
Severability
Costs and Expenses
Electronic Communication
Interpretation
Relevant Industries

Banking

Financial Services

Real Estate

Commercial Lending

Retail Banking

Property Development

Small Business Finance

Corporate Finance

Construction Finance

Asset Finance

Relevant Teams

Legal

Compliance

Credit Risk

Lending Operations

Retail Banking

Commercial Banking

Document Processing

Credit Assessment

Customer Service

Risk Management

Relevant Roles

Credit Manager

Loan Officer

Banking Relationship Manager

Credit Risk Officer

Legal Counsel

Compliance Officer

Lending Manager

Credit Analyst

Banking Operations Manager

Document Specialist

Mortgage Broker

Financial Advisor

Branch Manager

Industries
National Consumer Credit Protection Act 2009 (Cth): Primary legislation governing consumer credit in Australia, including requirements for credit providers and guarantees. Contains specific provisions about guarantor protections and disclosure requirements.
Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010): Provides consumer protections and fair trading provisions that may apply to guarantee arrangements, particularly regarding misleading conduct and unfair contract terms.
Privacy Act 1988 (Cth): Regulates the handling of personal information of guarantors and requirements for privacy notices and consents.
Banking Code of Practice: Though not legislation, this important industry code sets out specific requirements for banks when taking guarantees, including cooling-off periods and disclosure requirements.
Anti-Discrimination Acts (various state-based): Ensures the guarantor assessment process does not discriminate based on protected attributes.
Electronic Transactions Act 1999 (Cth): Relevant for electronic execution of guarantee documents and associated requirements for valid electronic signatures.
Financial Sector (Collection of Data) Act 2001: Relevant for reporting obligations related to guaranteed loans and financial commitments.
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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