Loan Personal Guarantee Form Template for Germany

The Loan Personal Guarantee Form is a critical document in German banking and finance practice, used when a third party agrees to guarantee a borrower's loan obligations. This document is particularly relevant in situations where additional security is required for a loan, common in both commercial and private lending contexts. The guarantee must comply with strict German legal requirements, including written form requirements under § 766 BGB and, where applicable, consumer protection regulations. The document captures essential information about the guaranteed obligations, the extent of the guarantor's liability, and includes mandatory warnings and declarations, especially important when the guarantor is a private individual or family member of the debtor. It serves as a risk mitigation tool for lenders while ensuring transparent disclosure of obligations to guarantors under German law.

1. Parties: Identification of the Guarantor, the Creditor, and reference to the Principal Debtor

2. Background: Context of the guarantee, including reference to the underlying loan agreement and the relationship between the Principal Debtor and the Guarantor

3. Definitions: Key terms used in the guarantee agreement, including 'Guaranteed Obligations', 'Principal Debt', and 'Security Period'

4. Guarantee and Indemnity: Core guarantee provisions, including the scope of the guarantee and the maximum amount guaranteed

5. Nature of Guarantee: Specification of whether it's a primary or secondary liability guarantee (selbstschuldnerische Bürgschaft or normale Bürgschaft)

6. Guarantor's Representations: Declarations regarding the Guarantor's capacity, understanding of obligations, and financial situation

7. Payment Provisions: Terms regarding how and when payments must be made under the guarantee

8. Duration and Release: Term of the guarantee and conditions for its termination or release

9. Enforcement and Waiver: Provisions regarding enforcement of the guarantee and any waiver of defenses

10. Notices: Communication requirements between parties

11. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction