A guarantee and indemnity that holds up
Take a director's or personal guarantee for a lease, loan or trade account, on terms courts have upheld.
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What this document does
This deed puts a guarantor behind a tenant's, borrower's or customer's business obligations. It pairs the guarantee with a separate indemnity that survives even if the underlying contract fails, caps the guarantor's liability at an amount you set, and includes the consent and preservation clauses that stop a guarantor being released by a later variation. It is for business obligations only. It cannot be used to guarantee a personal loan, home loan or any other consumer credit, which needs statutory warnings this document does not include.
The questions we’ll ask
What's being guaranteed
The Beneficiary
The Debtor
Who is guaranteeing
The guarantor(s)
Key terms
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Questions people ask.
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- Can I use this for a personal loan to a family member?
- No. This deed guarantees business obligations only: a commercial lease, a business loan or facility, or a trade account. A guarantee of consumer credit (a personal loan, home loan, credit card or similar) is unenforceable without prescribed statutory warnings and pre-signing disclosures that this document deliberately does not include.
- Why is it a deed and not an agreement?
- A guarantee given after the underlying contract already exists can fail for lack of consideration. A deed binds without consideration, and in NSW it also carries a 12-year enforcement window instead of 6. The trade-off is stricter signing: an individual signs before an independent witness, and a company signs under section 127 of the Corporations Act.
- Should I cap the guarantee?
- Almost always yes, and the form recommends it. You set a maximum principal amount, and interest plus enforcement costs sit on top. An uncapped guarantee of everything the debtor ever owes is the configuration most exposed to an unfair contract terms challenge, and the form warns you before you choose it.
- What if the guarantor is a spouse or parent, not a director?
- Courts can set aside a guarantee given by a family member who does not benefit from the deal and did not understand what they signed. The form routes that situation to independent legal advice and can add a certificate for the guarantor's own solicitor to complete before signing. It is the strongest protection available against that challenge.
- Can the guarantor get out of it if I change the lease or loan later?
- The deed contains the consent clauses that prevent exactly that, for ordinary variations and indulgences. The guarantor is protected the other way too. They are not liable for an increase in the principal amount guaranteed unless they agree to it in writing, so get written consent when the deal grows.
- Is this a subscription?
- No. It is $99 once. No monthly fee, no auto-renewal. You buy the document and can reuse it for a new guarantor or a new deal.
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