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Guarantee agreement to the loan agreement
___________________________________ "___" __________ 200 __
(indicate the place of conclusion of the contract)
gr. Russian Federation __________________________________, passport series __________
N __________, issued on _________________________ "____" ____________,
subdivision code _____, registered at the place of residence at the address:
Hereinafter referred to as the "Lender", on the one hand
and gr. Russian Federation ____________________________, passport series ______________
N ____________, issued on ____________________ "_____" ___________,
(name of the authority that issued the passport)
subdivision code ___________, registered at the place of residence at
address: ____________________________, hereinafter referred to as
"Guarantor", on the other hand, hereinafter referred to as "parties",
have entered into this Agreement as follows:
1. The Subject of the Agreement
1.1. The guarantor undertakes to be liable to
Lender on the terms and in accordance with this agreement for
performance gr. RF_____________________________, passport series _______ N
Issued by ______________________________, subdivision code
Registered at the place of residence at the address:
"Borrower"), all of its obligations under the Loan Agreement concluded between
Lender and Borrower in the city of _____________ "_____" _______ 200_
amount, including the payment of the loan amount (principal debt), the amount of interest for
use of the loan amount, the amount of penalties for improper performance
Borrower obligations under the Loan Agreement, as well as the amount of legal costs
for the recovery of the loan amount judicial order and other expenses related to
receiving the loan amount.
1.2. The Guarantor is familiar with all the terms and conditions of the Loan Agreement, including
Loan amount ___________ (_______________) rubles;
(amount in figures and words)
The term for repayment of the loan amount is "_____" ________________ year;
Interest rate for using the loan amount _________ (________)
(in numbers and words)
percent in _______________________________________________;
(indicate the period, for example, month, year, etc.)
Liability for delay in performance of obligations by the Borrower
on the return of the loan amount and / or payment of interest in the form of a penalty in
in the amount of _____ (__________) percent of the amount of overdue debt for
(in numbers and words)
every day of delay;
The procedure for repaying the loan amount _____________________________________
________________________________________________________________________;
(indicate the order in which the loan amount is returned,
for example, in cash at the address of the place of residence of the Lender and
- _________________________________________________________________.
(list other essential conditions Loan agreements such as
if the loan is targeted, then indicate the target direction of spending
loan funds, etc.)
1.3. The Guarantor and the Borrower shall be jointly and severally liable to the Lender for
timely and complete fulfillment of obligations by the Borrower under the Agreement
2. Rights and Obligations of the parties
2.1. The lender has the right, in the event of non-performance or improper
performance by the Borrower of obligations under the Loan Agreement, including
payment of the loan amount (principal debt), the amount of interest for the use
the amount of the loan, the amount of the penalty in case of delay in the performance of obligations,
________________________________________________________________________.
(it is possible to indicate other significant violations by the Borrower of the conditions
Loan agreements, for example, misuse of the loan amount, etc.)
send the Guarantor a written notice with a request for execution
The guarantor of obligations under the Loan Agreement indicating the debt
Borrower, calculated in accordance with the terms of the Loan Agreement and
payable by the Guarantor.
2.2. Notice to the Guarantor shall be sent by registered mail with
return receipt or by courier to the address of registration at the place of
residence of the Guarantor specified in this agreement. notice also
is considered received by the Guarantor if it is delivered by any of the
the above methods at the location of the Guarantor, different from
the address specified in this paragraph.
2.3. The guarantor undertakes within ______ days from the date of receipt
of the said notice to comply with the requirements contained therein
Lender. At the same time, the Guarantor is not entitled to demand from the Lender, and
The Lender is not obliged to provide the Guarantor with evidence of a violation
Borrower obligations under the Loan Agreement.
Date of fulfillment of obligations of the Guarantor to the Lender under
this agreement will be the date of actual receipt of cash
money or crediting money to the account specified by the Lender, in
sent notice.
2.4. In accordance with clause _____ of the Loan Agreement, the Borrower undertakes to
immediately notify the _________________________________ Guarantor of all
(specify how, e.g. in writing)
violations of the Loan Agreement committed by him, including the delay in payment
interest, repayment of the principal amount (loan amount) and any other
violations, as well as all other circumstances affecting
performance by the Borrower of its obligations to the Lender.
2.5. The Guarantor has the right to put forward against the Lender's claim
objections that the Borrower might present. The guarantor does not lose
the right to these objections even if the Borrower has waived them
or acknowledged his debt.
2.6. The Borrower shall immediately notify the Guarantor in writing of
full or partial fulfillment of obligations under the Loan Agreement, including
on the payment of interest, penalties (penalties, fines) and the return of the amount
loan with the submission of relevant documents.
2.7. To the Guarantor who fulfilled the obligations of the Borrower under the Agreement
loan, the rights of the Lender under this obligation are transferred to the extent
in which the Guarantor satisfied the Lender's claim. The guarantor also
has the right to require the Borrower to pay a fine in the amount of _____ percent of
the total amount paid to the Lender and compensation for other losses,
incurred in connection with the liability of the Borrower.
2.8. Within ______ days after execution by the Guarantor
obligations of the Borrower under the Loan Agreement The Lender is obliged to deliver
To the Guarantor documents certifying the requirements of the Lender to the Borrower, and
transfer the rights that ensure this requirement.
2.9. In accordance with clause ______ of the Loan Agreement, all changes and
additions to the Loan Agreement, entailing an increase in liability or other
adverse consequences for the Guarantor, should be made only with
written consent Guarantor.
3. Termination of the guarantee
3.1. The guarantee terminates:
With the termination of the obligation secured by it, as well as in the event of
modification of this obligation, entailing an increase in liability or
other adverse consequences for the Guarantor, without written consent
last;
With the transfer to another person of a debt secured by a surety
obligation, if the Guarantor has not given the Lender consent to be responsible for
new debtor;
If the Lender refused to accept proper performance,
proposed by the Borrower or Guarantor;
If the Lender, within ___________ months from the date of
no deadline for the performance of the obligation secured by the guarantee
claim against the guarantor.
4. Duration of the contract, final provisions
4.1. This agreement comes into force from the moment of its signing
by both parties and is valid until the actual execution by the parties
secured obligation, or within the time limits specified in section
3 of this agreement.
4.2. All disputes and disagreements arising between the parties on
performance of obligations under this Agreement, will
resolved through negotiations on the basis of existing legislation and
business practices.
4.3. In the event that disputes are not settled during the negotiation process,
disputes are resolved in court in the manner prescribed by
current legislation.
4.4. The Guarantor hereby notifies the Lender, and
The Lender acknowledges that at the time of conclusion of this
agreements Guarantor:
Unmarried (or married);
A marriage contract has been concluded (a copy of the marriage contract is attached to
this contract) (the marriage contract was not concluded);
If the Guarantor has entered into a marriage contract:
inform the Lender about the change or termination of the marriage contract
no later than ______ days from the date of change and / or termination of the marriage
contracts;
If the Guarantor has not entered into a marriage contract:
inform the Lender about the conclusion of the marriage contract during the validity period
of this agreement, no later than ______ days from the date of conclusion of the marriage
contracts.
4.5. In the event of a change in name, address and other data, each of
the parties is obliged within ___________ time in writing by registered mail with
notification to inform the other party of the changes that have occurred.
4.6. In all other respects not covered by this Agreement,
the parties are governed by applicable law.
4.7. This Agreement is drawn up and signed in duplicate,
having an equal legal force, and stored one for each side.
5. Signatures, addresses and details of the parties
Lender Guarantor
_________________________________ _______________________________
_________________________________ _______________________________
Lender Guarantor
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The issuance of a loan subject to the provision of guarantors is of interest to both parties. But first of all, the degree of security of the creditor increases.
This is beneficial for the borrower only because the vast majority of financial institutions with the provision of a guarantor issue larger loans. Plus, there are slightly less stringent requirements for the amount of income of the borrower himself.
The lender receives the following benefits:
- return of the full amount of the debt from the guarantor (in case of the borrower's refusal to pay the debt, death or illness of the main debtor);
- receipt from the guarantor of remuneration for the use of the loan in the form of fines, interest, penalties provided for by the agreement;
- reimbursement of legal costs, other costs aimed at the return of funds.
The guarantee agreement may stipulate only partial liability (Article 361 of the Civil Code of the Russian Federation). By agreement of the parties, a subsidiary option is used when, in case of delays, the amount of the debt is divided into the borrower and the guarantor in full accordance with the ratio stipulated by the agreement (clause 1, article 363 of the Civil Code of the Russian Federation).
Typical rights and obligations of the parties under the surety agreement
There is a certain scheme for presenting claims for debt repayment, taking into account the presence of a guarantor. The creditor receives the right to collect from the latter only with the condition of strict observance of the legislation of the Russian Federation.
Thus, it is possible to claim debt on overdue debts only after taking measures to enforce the collection of the loan amount from the borrower.
The guarantor has the following rights:
- collect through the statement of claim and the bailiff service the debt from the borrower (his heirs) after payment of these funds to the creditor;
- object to the credit institution regarding the calculation of the amount of debt, including the presence and amount of penalties, penalties, forfeits, imposed deadlines;
- return through the courts illegally withheld funds recovered from the guarantor in the process of problem debt.
But before exercising his rights, he is obliged to fulfill the requirements of the creditor for the return of funds, reimbursement of legal costs incurred in the proceedings against the borrower. If the contract provides for partial liability, the conditions must be met in accordance with the agreements.
How is a guarantee agreement between individuals drawn up?
According to the Civil Code of the Russian Federation, a surety agreement is concluded simultaneously with a loan agreement. It prescribes the main provisions with reference to the standards (clause 2 of article 365 of the Civil Code of the Russian Federation) or an indication of individual agreements.
Essential terms of a loan agreement with a guarantee:
- the responsibility of the guarantor, its nature, terms of execution;
- the main obligation between the lender and the borrower (grounds, amount);
- a list of persons participating in the agreement as guarantors for the borrower.
The signing of contractual obligations indicates the complete voluntariness of the actions taken. An agreement can be terminated only if it is executed and in other circumstances provided for by law.
When does the guarantor's obligations terminate?
Standard conditions for terminating a guarantee agreement under a loan agreement are related to the repayment of a debt or the identification of violations legislative norms. The latter can lead to the recognition of obligations as invalid, including the deprivation of the creditor of the right to demand repayment of the debt (from the guarantor).
In practice, the following situations occur:
- the creditor refused to accept an additional agreement on the return of the debt amount proposed by the borrower and / or the guarantor;
- the main obligation is transferred to another person, provided that the guarantor refuses to be responsible for his actions (for example, receiving a debt as an inheritance);
- termination of the loan agreement (for any reason);
- full repayment of the debt to the creditor.
It will become easier to avoid the pitfalls of a guarantee if you draw up a guarantee agreement between individuals or study the option proposed by the bank with the participation of a competent lawyer.
Loan agreement with a guarantee
[place of conclusion of the contract] [date of conclusion of the contract]
[Full name legal entity], hereinafter referred to as the "Lender", represented by [position, full name], acting on the basis of the [Charter, regulation, power of attorney], on the one hand and
[full name of the legal entity], hereinafter referred to as the "Borrower", represented by [position, full name], acting on the basis of the [Charter, regulation, power of attorney], on the other hand, and collectively referred to as the "Parties", have concluded this agreement as follows:
1. The Subject of the Agreement
1.1. Under this agreement, the Lender transfers to the ownership of the Borrower funds in the amount of [amount and currency of funds], and the Borrower undertakes to return the loan amount to the Lender and pay interest on it.
1.2. The loan is provided for a period of [insert as appropriate].
1.3. The loan provided under this agreement is secured by a guarantee.
2. Rights and Obligations of the parties
2.1. The borrower is obliged:
Return to the Lender the received loan amount after the expiration of the period specified in clause 1.2 of this agreement;
Ensure the fulfillment of its obligation to the Lender.
2.2. The Borrower has the right, with the consent of the Lender, to repay the loan amount ahead of schedule.
2.3. The Lender is obliged to provide the Borrower with the borrowed funds within [term] from the date of signing this agreement.
2.4. The Lender has the right to receive interest from the Borrower on the loan amount in the amount and in the manner specified by this Agreement.
3. Interest under the agreement
3.1. For the use of the loan, the Borrower shall pay interest to the Lender on the amount of the loan in the amount of [amount and currency of funds].
3.2. Interest for the use of the loan is paid monthly no later than [day] of each month in equal amounts until the day the loan amount is repaid.
3.3. In case of early fulfillment of the obligation, interest is paid [only for the period of actual use of the loan or for the entire period specified in the agreement].
4. Liability of the Borrower
4.1. In the event of a delay in fulfilling the obligation to return the loan amount, interest on this amount is subject to payment of interest for the use of other people's funds, in the manner and amount provided for in paragraph 1 of Article 395 of the Civil Code, from the day when it was supposed to be returned until the day it was returned to the Lender regardless of the payment of interest provided for in clause 3.1 of this agreement.
5. Securing the contract
5.1. The guarantor under this agreement is [F. I. O. or name].
5.2. The Guarantor undertakes to be responsible to the Lender for the fulfillment by the Borrower of his obligations during the entire period for which the loan was issued (clause 1.2 of this agreement).
5.3. In case of default or improper performance by the Borrower of the obligation to repay the loan, the Guarantor and the Borrower shall be liable to the Lender [jointly and severally or subsidiarily].
5.4. The Guarantor is liable to the Lender to the same extent as the Borrower, including the payment of interest, reimbursement of legal costs for the collection of the debt and other losses of the creditor caused by the default or improper performance of the obligation by the debtor.
5.5. The Guarantor is entitled to raise objections against the Lender's claim that the Borrower could present. The Guarantor does not lose the right to these objections even if the Borrower waives them or acknowledges his debt.
5.6. The Guarantor who has fulfilled the obligation shall transfer the rights of the creditor under this obligation and the rights that belonged to the Lender as a pledgee, to the extent that the Guarantor satisfied the Lender's claim. The Guarantor is also entitled to demand from the Borrower the payment of interest on the amount paid to the Lender and compensation for other losses incurred in connection with the liability for the Borrower.
5.7. The suretyship terminates with the termination of the obligation secured by it, as well as in the event of a change in this obligation, entailing an increase in liability or other adverse consequences for the Guarantor, without his consent.
5.8. The suretyship is terminated with the transfer to another person of the debt under the obligation secured by the suretyship.
5.9. The guarantee shall terminate if the Lender refuses to accept the proper performance offered by the Borrower or the Guarantor.
5.10. The guarantee shall terminate upon the expiration of the period specified in the guarantee agreement for which it was given.
6. Final provisions
6.1. This agreement is considered concluded from the moment the money is transferred to the Borrower.
6.2. The loan amount is considered returned at the time of crediting the relevant funds to the Lender's bank account.
Guarantee agreement to the loan agreement
GUARANTEE AGREEMENT to loan agreement No. _____ dated ______________ _______________ "___" _________ 199_ _____________________________________________, hereinafter referred to as __ (name joint-stock company ) The "Lender", represented by _____________________________________, acting __ (position, surname, acting) on the basis of __________________, and ___________________________________ _________________________________________________________________, hereinafter referred to as the "Guarantors", have concluded this agreement as follows: 1. SUBJECT OF THE AGREEMENT 1.1. Under this agreement, the Guarantors undertake to be responsible to the Lender for the fulfillment by __________________________ (hereinafter referred to as the "Borrower") of all their obligations under loan agreement No. _____ dated "___" _________ 199_, concluded between __________________________ (name of the company) and ________________________________. 2. OBLIGATIONS OF THE PARTIES 2.1. The Guarantors undertake to be jointly and severally liable with the Borrower to the Lender for the fulfillment by the Borrower of obligations under the loan agreement specified in clause 1.1 of this agreement, to the same extent as the Borrower, including, in case of default by the Borrower of obligations under the loan agreement (clause 1.1), return the amount of the principal debt or its part, interest for the use of the loan and payment of penalties, reimbursement of legal costs for the collection of the debt and other losses of the Lender on the day of settlement. 2.2. The grounds for liability of the Guarantors, in particular, are: - failure to return the Loan Amount or part thereof within the period stipulated by the agreement (specified in clause 1.1 of this agreement); - non-payment of interest, penalty interest under the loan agreement within the prescribed period; - Misappropriation of the loan. 2.3. The Borrower undertakes to immediately notify the Guarantors of all violations of the agreement specified in clause 1.1, including delays in paying interest, repayment of the principal amount and any other violations, as well as all other circumstances affecting the fulfillment by the Borrower of its obligations to the Lender . 2.4. The Borrower is obliged to immediately notify the Guarantors in writing of the full or partial fulfillment of obligations under the loan agreement specified in clause 1.1, including the payment of interest, penalties and repayment of the loan amount with the submission of relevant documents. 2.5. In the event of a delay in the performance by the Borrower of obligations to the Lender, the Lender has the right, at its option, to demand the performance of obligations from the Borrower or the Guarantors or to enforce the collection of the debt from the Guarantors or the Borrower in accordance with the procedure established by law. 2.6. In the event that the Guarantors compensate all losses of the Lender for the specified in paragraph. 1.1 of the loan agreement, the rights of the Lender are transferred to them in the amount of actually satisfied claims. At the same time, in addition to the return of the amounts actually paid to the Lender, the Guarantors will be entitled to require the Borrower to pay a fine in the amount of ____% of the amounts paid by them to the Lender, as well as compensation for other losses incurred in connection with the liability of the Borrower. 2.7. The Guarantors who have fulfilled the obligation shall transfer the Lender's rights under this obligation and the rights belonging to the Lender to the extent that the guarantors satisfied the Lender's claim. The Guarantors shall have the right to demand from the debtor the payment of interest on the amount paid to the Lender and compensation for other losses incurred in connection with the liability for the Borrower. 2.8. Within three days after the Guarantors fulfill the obligations of the Borrower to compensate for the Lender's losses, the Lender is obliged to hand over to the Guarantors the documents certifying the Lender's claims against the Borrower and transfer the rights ensuring this requirement. 2.9. All amendments and changes to this agreement, entailing an increase in liability or other adverse consequences for the guarantors, must be made only with the written consent of the guarantors. 3. TERMS OF GUARANTEE 3.1. The guarantee is terminated: - if the obligations of the loan agreement specified in clause 1.1 of this agreement have changed (by additional agreements to the agreement) and entail an increase in liability or other adverse consequences for the Guarantors without their written consent; - if the Lender refused to accept the proper performance under the contract proposed by the Borrower or the Guarantors; - in case of fulfillment by the Borrower of obligations under the loan agreement; - when transferring the debt to another person, if the Guarantors have not agreed to the Lender to be responsible for the new debtor; - in case of acceptance by the Lender of compensation; - in other cases stipulated by law. 3.2. This agreement does not provide for a fee for providing a guarantee. 4. PROCEDURE FOR RESOLUTION OF DISPUTES AND CLAIMS 4.1. Disputes and claims arising from this agreement are resolved by the parties through negotiations. 4.2. In case of failure to reach an agreement through negotiations, disputes and disagreements are subject to resolution in court in accordance with the legislation of the Russian Federation. 5. FINAL PROVISIONS 5.1. This surety agreement is valid for the entire duration of the loan agreement specified in clause 1.1 of this agreement, including for the period of its extension. 5.2. This agreement is made in ____ copies, one for each of the parties. 5.3. The Lender is obliged to provide one copy of the loan agreement (clause 1.1) for each Guarantor. 5. POSTAL AND PAYMENT DETAILS OF THE PARTIES Lender: _________________________________________________ ____________________________________________________________________________ ____________________________________________________________ ____________________________________________________________________________ Guarantors: ____________________________________________________________________ ______________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ SIGNATURES OF THE PARTIES: Lender Guarantors: ____________________ _____________________ M.P. M.P. _____________________ M.P. COMMENTS: ------------ From Art. 367 of the Civil Code of the Russian Federation it follows that the Guarantee terminates upon the expiration of the period specified in the guarantee agreement for which it is given. If such a period is not set, it shall be terminated if the Lender does not file a claim against the guarantor within a year from the date of the due date for the fulfillment of the obligation secured by the surety. When the term for the performance of the main obligation (loan agreement) is not specified and cannot be determined or determined by the moment of demand, the suretyship is terminated if the Lender does not bring a claim against the surety within 2 years from the date of conclusion of the suretyship agreement.
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GUARANTEE AGREEMENT to loan agreement No. _____ dated ______________ _______________ "___" _________ 20__ _____________________________________________, hereinafter referred to as __ (name of the joint-stock company) "Lender", represented by _____________________________________, acting __ (position, surname, acting) on the basis of __________________, and ___________________________________ ___________________________________________________________________________, hereinafter referred to as the "Guarantors", have concluded this agreement as follows: 1. SUBJECT OF THE AGREEMENT 1.1. Under this agreement, the Guarantors undertake to be responsible to the Lender for the fulfillment by __________________________ (hereinafter referred to as the "Borrower") of all their obligations under loan agreement No. _____ dated "___" _________ 20__, concluded between __________________________ (name of the company) and ________________________________. 2. OBLIGATIONS OF THE PARTIES 2.1. The Guarantors undertake to be jointly and severally liable with the Borrower to the Lender for the fulfillment by the Borrower of obligations under the loan agreement specified in clause 1.1 of this agreement, to the same extent as the Borrower, including, in case of default by the Borrower of obligations under the loan agreement (clause 1.1), return the amount of the principal debt or its part, interest for the use of the loan and payment of penalties, reimbursement of legal costs for the collection of the debt and other losses of the Lender on the day of settlement. 2.2. The grounds for liability of the Guarantors, in particular, are: - failure to return the Loan Amount or part thereof within the period stipulated by the agreement (specified in clause 1.1 of this agreement); - non-payment of interest, penalty interest under the loan agreement within the prescribed period; - Misappropriation of the loan. 2.3. The Borrower undertakes to immediately notify the Guarantors of all violations of the agreement specified in clause 1.1, including delays in paying interest, repayment of the principal amount and any other violations, as well as all other circumstances affecting the fulfillment by the Borrower of its obligations to the Lender . 2.4. The Borrower is obliged to immediately notify the Guarantors in writing of the full or partial fulfillment of obligations under the loan agreement specified in clause 1.1, including the payment of interest, penalties and repayment of the loan amount with the submission of relevant documents. 2.5. In the event of a delay in the performance by the Borrower of obligations to the Lender, the Lender has the right, at its option, to demand the performance of obligations from the Borrower or the Guarantors or to enforce the collection of the debt from the Guarantors or the Borrower in accordance with the procedure established by law. 2.6. If the Guarantors reimburse all losses of the Lender under the loan agreement specified in clause 1.1, the rights of the Lender shall be transferred to them in the amount of actually satisfied claims. At the same time, in addition to the return of the amounts actually paid to the Lender, the Guarantors will be entitled to require the Borrower to pay a fine in the amount of ____% of the amounts paid by them to the Lender, as well as compensation for other losses incurred in connection with the liability of the Borrower. 2.7. The Guarantors who have fulfilled the obligation shall transfer the Lender's rights under this obligation and the rights belonging to the Lender to the extent that the guarantors satisfied the Lender's claim. The Guarantors shall have the right to demand from the debtor the payment of interest on the amount paid to the Lender and compensation for other losses incurred in connection with the liability for the Borrower. 2.8. Within three days after the Guarantors fulfill the obligations of the Borrower to compensate for the Lender's losses, the Lender is obliged to hand over to the Guarantors the documents certifying the Lender's claims against the Borrower and transfer the rights ensuring this requirement. 2.9. All amendments and changes to this agreement, entailing an increase in liability or other adverse consequences for the guarantors, must be made only with the written consent of the guarantors. 3. TERMS OF GUARANTEE 3.1. The guarantee is terminated: - if the obligations of the loan agreement specified in clause 1.1 of this agreement have changed (by additional agreements to the agreement) and entail an increase in liability or other adverse consequences for the Guarantors without their written consent; - if the Lender refused to accept the proper performance under the contract proposed by the Borrower or the Guarantors; - in case of fulfillment by the Borrower of obligations under the loan agreement; - when transferring the debt to another person, if the Guarantors have not agreed to the Lender to be responsible for the new debtor; - in case of acceptance by the Lender of compensation; - in other cases stipulated by law. 3.2. This agreement does not provide for a fee for providing a guarantee. 4. PROCEDURE FOR RESOLUTION OF DISPUTES AND CLAIMS 4.1. Disputes and claims arising from this agreement are resolved by the parties through negotiations. 4.2. In case of failure to reach an agreement through negotiations, disputes and disagreements are subject to resolution in court in accordance with the legislation of the Russian Federation. 5. FINAL PROVISIONS 5.1. This guarantee agreement is valid for the entire term of the loan agreement specified in clause 1.1 of this agreement, including for the period of its extension. 5.2. This agreement is made in ____ copies, one for each of the parties. 5.3. The Lender is obliged to provide one copy of the loan agreement (clause 1.1) for each Guarantor. 5. POSTAL AND PAYMENT DETAILS OF THE PARTIES Lender: _________________________________________________ ____________________________________________________________________________ ____________________________________________________________ ____________________________________________________________________________ Guarantors: ____________________________________________________________________ ______________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ SIGNATURES OF THE PARTIES: Lender Guarantors: ____________________ _____________________ M.P. M.P. _____________________ M.P. COMMENTS: ------------ From Art. 367 of the Civil Code of the Russian Federation it follows that the Guarantee terminates upon the expiration of the period specified in the guarantee agreement for which it is given. If such a period is not set, it shall be terminated if the Lender does not file a claim against the guarantor within a year from the date of the due date for the fulfillment of the obligation secured by the surety. When the term for the performance of the main obligation (loan agreement) is not specified and cannot be determined or determined by the moment of demand, the suretyship is terminated if the Lender does not bring a claim against the surety within 2 years from the date of conclusion of the suretyship agreement.
