Ever wondered what a guaranty agreement is, what it is used for, and how should it work? Most contract agreements usually involve two parties. This time, it’s a little bit different from the usual legal contracts, because a guaranty agreement is a type of contract agreement involving three parties.
The first party is referred to as the principal to the contract; a second party, which is usually the bank; and a third party who is the guarantor, who pays and takes the responsibilities of the principal or the first party.
Guaranty Agreement for Payment
Guaranty Agreement Example
Guaranty of Rental Agreement
The Basics of Guarantee Agreement
Learning the basics of a specific business agreement is one of the fundamental ways in getting to know the basic agreement’s anatomy.
Basically, a guaranty agreement is an arrangement stating that a specific party has the full acknowledgment of taking full responsibility and obligation in any circumstance the principal or the first party fails to execute the promises.
A guaranty agreement is a document that outlines a specific role in the process, supporting the roles of borrower to lender or creditor. Also, this document states that a borrower or the first party agrees to contribute money, goods, services (service level agreement templates) to the lender. One of the reasons why a guaranty agreement is needed is because this would ensure that the principal together with its backup (the guarantor) will guarantee a successful performance of the promises.
But essentially the guaranty agreement is solely focused on the guarantor (the one who takes the responsibilities) and the obligee (the first party who originally has the obligation).
A guarantee agreement is very useful in circumstances like the following:
- when someone is planning to borrow money from a bank or any lending company, thus helping him secure a loan approval
- helping out someone in negotiations with regards to the newly revised terms, specifically with payment collections
- guarantee agreements also ensure the promise of repayment of an additional loan that has been already past due, sometimes repayments for the purchases of a credit card’s balances.
Guaranty of Housing Agreement
Guaranty Agreement in Doc
Types of Guaranties
Having adequate knowledge about the various types of legal agreements and business contracts is an edge as a business individual, that is why agreement templates and various legal contract templates are very helpful. Knowing various types of guarantees are cool too.
Here are the types of guaranty agreements according to their backgrounds:
- Absolute Guaranty – guarantees the promise of performing the debtor’s obligation in the event of its failure to perform. This document does not include a clause of conditions and limitations.
- Conditional Guaranty – the guarantor will be held liable if and only if a contingent event occurs.
- Performance Guaranty – the guarantor is obliged to perform the debtor’s specific obligations to benefit the creditor.
- Payment Guaranty – the guarantor is obliged to pay the debtor’s debt that resulted from a debtor’s defaults.
- Continuing Guaranty – a guaranty agreement that contemplates series of transactions, therefore not limiting to a single transaction only.
- Downstream Guaranty – a parent corporation is obliged to back up its subsidiary corporation’s obligations
- Upstream Guaranty – guarantees the creditors for its parent corporation’s obligations
- Cross-stream Guaranty – a guaranty agreement that involves affiliated corporations that are governed by the same parent corporation.
- Restricted Guaranty – limits its transactions to a specific quantity or even a single transaction only