Personal Guarantee Agreement Template for Netherlands

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Key Requirements PROMPT example:

Personal Guarantee Agreement

"I need a Personal Guarantee Agreement under Dutch law where a parent company guarantees the lease payment obligations of its subsidiary for a commercial property, with a liability cap of €500,000 and the guarantee expiring on 31 March 2025."

Document background
The Personal Guarantee Agreement is a crucial security document used in the Netherlands when additional assurance is required for financial or commercial obligations. It is commonly utilized in business lending, real estate transactions, and commercial contracts where one party seeks security for another's obligations. The agreement must comply with Dutch law requirements, particularly the Dutch Civil Code (Burgerlijk Wetboek) provisions on suretyship (borgtocht). Key elements include clear identification of parties, explicit statement of guaranteed obligations, maximum liability limits, and specific protections for individual guarantors. The document is particularly important in scenarios where companies seek additional security for loans, leases, or other commercial arrangements, and when parent companies guarantee subsidiaries' obligations.
Suggested Sections

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

2. Background: Context of the guarantee, including reference to the principal debt/obligation being guaranteed

3. Definitions: Definitions of key terms used throughout the agreement

4. Guarantee: Core guarantee provisions, including scope and nature of the guaranteed obligations

5. Limit of Liability: Maximum amount of the Guarantor's liability and any limitations

6. Duration: Term of the guarantee and conditions for termination

7. Guarantor's Obligations: Detailed obligations of the Guarantor, including payment terms and conditions

8. Representations and Warranties: Guarantor's confirmations regarding their capacity and authority

9. Enforcement: Circumstances and process for enforcing the guarantee

10. Notices: Communication requirements and contact details

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

Optional Sections

1. Consumer Protection Provisions: Required when the Guarantor is a natural person acting outside their profession/business

2. Security Rights: Include when additional security is provided alongside the guarantee

3. Financial Covenants: Include when the Guarantor must maintain specific financial conditions

4. Information Rights: Include when the Creditor requires ongoing financial information from the Guarantor

5. Multiple Guarantors: Required when there is more than one Guarantor, addressing joint and several liability

6. Assignment and Transfer: Include when transfer rights need to be specifically addressed

7. Costs and Expenses: Include when specific cost allocation needs to be addressed

Suggested Schedules

1. Schedule 1 - Guaranteed Obligations: Detailed description of the obligations being guaranteed

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

3. Schedule 3 - Form of Demand: Template for making a demand under the guarantee

4. Appendix A - Financial Statements: Latest financial statements of the Guarantor (if required)

5. Appendix B - Corporate Authorizations: Corporate resolutions or powers of attorney (if Guarantor is a legal entity)

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

Relevant Industries

Banking and Financial Services

Real Estate

Commercial Lending

Construction

Manufacturing

Wholesale and Distribution

Professional Services

Technology

Retail

Healthcare

Relevant Teams

Legal

Finance

Risk Management

Credit Control

Treasury

Commercial

Compliance

Corporate Secretariat

Business Development

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Risk Manager

Credit Manager

Commercial Director

Managing Director

Company Secretary

Treasury Manager

Financial Controller

Business Development Manager

Compliance Officer

Corporate Lawyer

Banking Relationship Manager

Credit Risk Officer

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

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