Formalities for creating a guarantee

This guidance note focuses on the formalities for creating a guarantee document. It explains the legal principles behind forming a binding guarantee that is often in the form of a deed.

This guidance note outlines the reason why a guarantee document generally should be in deed form, and includes drafting tips to help construe a guarantee document as a deed. Importantly, it explains the requirements relating execution of a deed of guarantee, including state and territory based requirements, Corporations Act 2001 (Cth) requirements, and those under the National Credit Code (as included in Sch 1 of the National Consumer Credit Protection Act 2009 (Cth)).

See Formalities for creating a guarantee.