Personal Guarantee Form Template for Netherlands

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Key Requirements PROMPT example:

Personal Guarantee Form

"I need a Personal Guarantee Form under Dutch law where a company director will personally guarantee a €500,000 business loan from ABC Bank, with the guarantee period starting from March 1, 2025, and including specific provisions for staged drawdown of the loan."

Document background
The Personal Guarantee Form is a crucial document in Dutch business and financial transactions where additional security is required for obligations. It is commonly used when extending credit facilities, business loans, or entering into significant commercial arrangements. The document must comply with Dutch Civil Code requirements, particularly regarding form and content specifications for personal guarantees (borgtocht). It typically includes details of the guaranteed obligations, maximum liability amount, duration of the guarantee, and enforcement conditions. This form is particularly relevant in situations where banks or businesses require personal assurance from directors, shareholders, or other individuals for corporate obligations. Special consideration must be given to consumer protection regulations when the guarantor is acting outside their business capacity.
Suggested Sections

1. Parties: Identification of the Guarantor (borgsteller), the Creditor (schuldeiser), and the Principal Debtor (hoofdschuldenaar)

2. Background: Context of the guarantee, including reference to the main obligation or agreement being guaranteed

3. Definitions: Key terms used in the guarantee agreement, including 'Guaranteed Obligations', 'Maximum Amount', and 'Guarantee Period'

4. Guarantee: Core guarantee provision, specifying the scope and nature of the guaranteed obligations

5. Maximum Liability: Clear statement of the maximum amount for which the guarantor can be held liable

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

7. Guarantor's Obligations: Detailed description of when and how the guarantee can be called upon

8. Creditor's Rights: Rights of the creditor in relation to enforcing the guarantee

9. Representations and Warranties: Guarantor's confirmations regarding capacity and authority to enter into the guarantee

10. Notices: Process for serving notices under the guarantee

11. Governing Law and Jurisdiction: Confirmation of Dutch law as governing law and jurisdiction for disputes

Optional Sections

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

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

3. Subordination: Include when the guarantee needs to be subordinated to other obligations

4. Tax Gross-up: Include when tax implications need to be addressed explicitly

5. Financial Covenants: Include when the guarantor must maintain certain financial conditions

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

7. Independent Obligation: Include when emphasizing the independent nature of the guarantee is particularly important

Suggested Schedules

1. Schedule 1 - Form of Demand: Template for making a demand under the guarantee

2. Schedule 2 - Underlying Agreement: Copy or summary of the main agreement being guaranteed

3. Schedule 3 - Guarantor's Certificate of Financial Position: If required, a statement of the guarantor's financial position

4. Appendix A - Spousal Consent: If required under Dutch law, consent from guarantor's spouse

5. Appendix B - Corporate Authorization: If the guarantor is a company, corporate approvals for the guarantee

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

Financial Services

Real Estate

Commercial Lending

Small Business Services

Corporate Finance

Retail Banking

Investment Services

Construction

Manufacturing

Relevant Teams

Legal

Credit Risk

Commercial Banking

Corporate Finance

Compliance

Contract Administration

Business Development

Account Management

Credit Administration

Risk Management

Relevant Roles

Credit Manager

Risk Officer

Legal Counsel

Corporate Lawyer

Banking Officer

Relationship Manager

Credit Analyst

Compliance Officer

Contract Manager

Financial Controller

Commercial Director

Business Development Manager

Account Manager

Loan Officer

Legal Administrator

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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