The Guarantor Declaration Form is a crucial document in Swiss business and financial transactions, regulated under the Swiss Code of Obligations. It is commonly used when a third party needs to provide additional security for a primary obligation, such as in loan agreements, rental contracts, or commercial transactions. The document must comply with strict formal requirements, including written form with handwritten signature and explicit statement of the maximum liability amount. The declaration is particularly important in situations where creditors require additional security beyond the principal debtor's commitment. When drafting a Guarantor Declaration Form, special attention must be paid to consumer protection provisions, especially when the guarantor is a natural person, including mandatory spousal consent requirements. The document serves as a vital risk mitigation tool while ensuring proper protection of all parties' interests under Swiss law.
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1. Identification of Parties: Full details of the Guarantor, Principal Debtor, and Creditor including names, addresses, and identification numbers
2. Underlying Obligation: Clear description of the principal debt or obligation being guaranteed, including reference to the main agreement
3. Guarantee Declaration: Express statement of the guarantee obligation, including the maximum amount in figures as required by Swiss law
4. Scope of Guarantee: Specific details of what is covered by the guarantee, including any interest, costs, and expenses
5. Duration and Termination: Terms regarding the duration of the guarantee and conditions for termination
6. Guarantor's Rights: Statement of the guarantor's statutory rights, including the right of recourse and benefit of discussion
7. Applicable Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
8. Signature Block: Space for guarantor's handwritten signature, date, and place as required by Swiss law
1. Spousal Consent: Required when the guarantor is married, including spouse's signature block
2. Guarantee Conditions: Any specific conditions that must be met before the guarantee becomes effective
3. Multiple Guarantors: Additional provisions when there is more than one guarantor, specifying joint and several liability
4. Demand Requirements: Specific procedures for making demands under the guarantee
5. Financial Limit Adjustments: Provisions for adjusting the maximum guaranteed amount over time
1. Copy of Principal Agreement: Attachment of the agreement containing the underlying obligation being guaranteed
2. Specimen Demand Form: Template for making formal demands under the guarantee
3. Payment Schedule: If the guaranteed obligation involves installments or multiple payments
4. Identity Documents: Copies of identification documents of the guarantor and spouse (if applicable)
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