The Guarantee And Indemnity Form is a vital legal instrument in Philippine business and financial transactions, commonly used when additional security is required for loans, financial obligations, or commercial arrangements. This document is structured to comply with Philippine Civil Code requirements and related banking regulations, providing creditors with comprehensive protection through both guarantee and indemnity mechanisms. It is particularly crucial in scenarios where lenders or contracting parties seek additional security beyond the principal debtor's commitment, such as in corporate loans, property developments, or major commercial transactions. The document typically includes detailed provisions about the scope of guaranteed obligations, enforcement mechanisms, and the guarantor's undertakings, all tailored to be enforceable under Philippine law.
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1. Parties: Identifies and defines the Guarantor(s), the Creditor/Beneficiary, and the Principal Debtor
2. Background: Explains the context of the guarantee, including reference to the principal debt or obligation being guaranteed
3. Definitions: Defines key terms used throughout the document
4. Guarantee and Indemnity: Core section detailing the guarantee obligations and indemnity provisions
5. Scope of Guarantee: Defines the extent and limitations of the guaranteed obligations
6. Duration of Guarantee: Specifies when the guarantee becomes effective and when it terminates
7. Nature of Liability: Establishes whether the liability is joint, several, or joint and several
8. Demands and Payments: Procedures for making demands under the guarantee and payment requirements
9. Continuing Security: Confirms the guarantee as a continuing security until full discharge
10. Representations and Warranties: Guarantor's confirmations about their capacity and authority
11. Preservation of Rights: Creditor's rights preservation and non-waiver provisions
12. Governing Law and Jurisdiction: Specifies Philippine law as governing law and jurisdiction for disputes
13. Execution: Signature blocks and execution formalities
1. Corporate Authority: Required when the guarantor is a corporation, including board resolutions and corporate approvals
2. Security Provisions: Include when the guarantee is secured by specific assets or collateral
3. Multiple Guarantors: Additional provisions needed when there are multiple guarantors
4. Assignment and Transfer: Include if the guarantee rights may be assigned or transferred
5. Foreign Currency Provisions: Required when the guaranteed obligations are in foreign currency
6. Electronic Execution: Include if the guarantee may be executed electronically under the E-Commerce Act
7. Consumer Protection Provisions: Required when the guarantor is considered a consumer under Philippine law
1. Schedule 1 - Guaranteed Obligations: Detailed description of the obligations being guaranteed
2. Schedule 2 - Secured Assets: List and description of any assets securing the guarantee (if applicable)
3. Schedule 3 - Form of Demand: Standard form for making demands under the guarantee
4. Schedule 4 - Corporate Authorizations: Copies of relevant corporate approvals and resolutions (for corporate guarantors)
5. Appendix A - Principal Agreement: Copy of the principal agreement being guaranteed
6. Appendix B - Guarantor Information: Detailed information about the guarantor(s) and their contact details
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