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Guarantor Release Form for the United States

Guarantor Release Form Template for United States

A Guarantor Release Form is a legal document used in the United States to formally discharge a guarantor from their obligations under a guarantee agreement. This document provides legal protection for both the guarantor and the creditor by clearly documenting the termination of the guarantee relationship. It typically includes specific references to the original guarantee agreement, terms of release, and any conditions that must be met for the release to be effective.

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What is a Guarantor Release Form?

The Guarantor Release Form is essential when terminating a guarantor's obligations in the United States. It's commonly used when a guarantee is no longer needed, such as when a primary debtor has demonstrated financial stability, when refinancing occurs, or when the underlying obligation has been satisfied. This document protects all parties by clearly documenting the release and preventing future claims against the guarantor. The form must comply with state-specific contract laws and may require consideration to be valid in some jurisdictions.

What sections should be included in a Guarantor Release Form?

1. Identification of Parties: Details of the original creditor, debtor, and guarantor

2. Reference to Original Agreement: Details of the original guarantee agreement including date and parties

3. Release Statement: Clear statement of release from guarantor obligations

4. Effective Date: Date when the release becomes effective

5. Signatures: Execution blocks for all parties

What sections are optional to include in a Guarantor Release Form?

1. Consideration Statement: Details of any consideration provided for the release, if applicable

2. Conditions Precedent: Any conditions that must be met before release becomes effective

3. Partial Release Provisions: If only releasing certain obligations while maintaining others

4. Representations and Warranties: When additional assurances are needed from parties

What schedules should be included in a Guarantor Release Form?

1. Original Guarantee Agreement: Copy of the original guarantee being released

2. Payment Confirmation: If release is contingent on payment or settlement

3. Corporate Authorization: If any party is a corporation requiring formal authorization

Authors

Alex Denne

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

Jurisdiction

United States

Cost

Free to use
Clauses




















Industries

Uniform Commercial Code (UCC): Key federal legislation governing guarantees, specifically Article 3 (Negotiable Instruments) and Article 9 (Secured Transactions) which regulate guarantees and suretyship obligations

State Contract Laws: State-specific contract laws governing validity and enforceability of releases, including Statute of Frauds requirements mandating guarantees to be in writing

Consumer Protection Laws: Federal consumer protection regulations including Fair Credit Reporting Act and Fair Debt Collection Practices Act, particularly relevant if the guarantee involves consumer transactions

Bankruptcy Code: Federal bankruptcy regulations, particularly Sections 524 and 727 regarding discharge of debts, relevant if the release is connected to bankruptcy proceedings

State Release Laws: State-specific requirements for valid releases, including consideration requirements and notice requirements

Statute of Limitations: State-specific time limits for enforcing guarantees and challenging releases

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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