Are electronic signatures valid?

Yes. Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and record retention requirements are met.

When is notarization required?

Notarization depends on state law and transaction type; guaranties tied to real property or recorded instruments commonly require notarization—verify state rules before execution or recording.

Can I revoke a guaranty?

Revocation depends on the guaranty terms and governing law; many guaranties are irrevocable for their stated term unless the agreement allows amendment or termination by consent.

Who must sign for an entity?

An authorized officer or agent must sign for a corporation or LLC; include printed name, title, and evidence of authority such as a corporate resolution where appropriate.

What if a name is inconsistent?

Mismatched names can delay enforcement; corrective affidavits or amendments may be required. Always use the exact legal name from formation or ID documents.

Is remote notarization acceptable?

Remote online notarization (RON) is permitted in most states but varies; confirm state RON rules and retention requirements for audiovisual recordings and identity-proofing methods.

Electronic Signature
Templates
Legal
Guaranty Agreement Form

Guaranty Agreement Form

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GUARANTY AGREEMENT

This Guaranty Agreement (the "Agreement") is made and entered into as of by and between Beneficiary Name: with principal address (the "Beneficiary"), and Guarantor Name: with principal address (the "Guarantor"). The principal obligor under the obligations to be guaranteed is Debtor Name: (the "Debtor").

RECITALS

WHEREAS, the Debtor is or will become obligated to the Beneficiary pursuant to one or more loan agreements, credit facilities, promissory notes or other instruments and agreements described below (collectively, the "Obligations"); and

WHEREAS, the Beneficiary requires the Guarantor to guarantee payment and performance of the Obligations as a condition to extending or maintaining credit or other accommodations to the Debtor; and

WHEREAS, the Guarantor is willing to provide such a guaranty on the terms set forth in this Agreement.

NOW, THEREFORE, in consideration of the foregoing recitals and the agreements and covenants contained herein, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, the following terms shall have the following meanings:

"Obligations" means all indebtedness, liabilities, obligations, covenants, costs and expenses of whatever nature owing by the Debtor to the Beneficiary, whether now existing or hereafter arising, including without limitation principal, interest, fees, expenses of collection and attorneys' fees, described generally as:

2. GUARANTY OF PAYMENT

The Guarantor absolutely, unconditionally and irrevocably guarantees to the Beneficiary the punctual payment and performance when due, whether by acceleration or otherwise, of all Obligations, including any renewals, extensions, restructurings or modifications thereof. This is a guaranty of payment and not of collection. The Guarantor's liability hereunder shall be primary and independent of the obligations of the Debtor.

3. NATURE OF GUARANTY; CONTINUING OBLIGATION

This guaranty is continuing and shall remain in full force and effect until the full and final payment and performance of all Obligations. The Guarantor agrees that this guaranty shall apply regardless of any change in the corporate or legal structure of the Debtor, any assignment of the Obligations, or any bankruptcy, insolvency or reorganization of the Debtor or Guarantor.

4. WAIVER OF DEFENSES

The Guarantor hereby waives, to the fullest extent permitted by law, (a) any right to require the Beneficiary to proceed against the Debtor or any other person or to pursue any other remedy before proceeding against the Guarantor; (b) notice of acceptance of this guaranty; (c) presentment, demand for performance, protest, notice of nonpayment, notice of default, notice of acceleration, and notice of any action taken by the Beneficiary with respect to the Obligations; and (d) any defense based upon any statute of limitations to the extent such statute is tolled or otherwise inapplicable as a result of this waiver.

5. REMEDIES; ATTORNEYS' FEES

Upon the failure of the Debtor to pay or perform any Obligation when due, the Beneficiary may, at its option and without prior notice, declare all or any portion of the Obligations immediately due and payable and exercise any or all rights and remedies available at law or in equity against the Guarantor. The Guarantor shall pay all costs and expenses incurred by the Beneficiary in enforcing this Agreement, including reasonable attorneys' fees and costs incurred at trial, on appeal, in bankruptcy proceedings, or any other proceeding.

6. SUBROGATION; SUBORDINATION

Until payment in full of the Obligations, the Guarantor shall have no right of subrogation, reimbursement, or indemnity against the Debtor and shall not exercise any right to enforce any claim the Guarantor may have against the Debtor. Any payments made by the Guarantor shall not be deemed to create a right of subrogation or any security interest prior to the full satisfaction of the Obligations unless and until the Beneficiary has received full payment of all Obligations.

7. REPRESENTATIONS AND WARRANTIES

The Guarantor represents and warrants that: (a) if an entity, it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation and has the power and authority to enter into and perform this Agreement; (b) the execution, delivery and performance of this Agreement have been duly authorized by all necessary action; and (c) this Agreement constitutes a legal, valid and binding obligation enforceable against the Guarantor in accordance with its terms.

8. BANKRUPTCY AND OTHER PROCEEDINGS

The Guarantor acknowledges that the Beneficiary may file proofs of claim in any bankruptcy, insolvency or similar proceeding of the Debtor or the Guarantor and that such filing shall not affect the validity or enforceability of this Agreement. The Guarantor waives any right to seek or obtain any stay, injunction or other relief that would prevent or postpone enforcement of the Beneficiary's rights hereunder.

9. NOTICES

Beneficiary Notice Address Guarantor Notice Address

All notices required or permitted under this Agreement shall be in writing and shall be deemed given when delivered personally or three (3) business days after deposit in the United States mail, certified or registered, postage prepaid, addressed to the address set forth above or to such other address as either party may designate by written notice in accordance with this Section.

10. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without giving effect to principles of conflicts of law that would result in the application of the laws of any other jurisdiction.

11. ENTIRE AGREEMENT; AMENDMENTS; WAIVER

This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior discussions, understandings and agreements. No amendment, modification or waiver of any provision of this Agreement shall be effective unless in a writing signed by the party against whom enforcement is sought. The failure of any party to insist upon strict performance of any covenant or obligation shall not constitute a waiver of that party's right to demand strict performance in the future.

12. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable under applicable law, such provision shall be ineffective only to the extent of such invalidity or unenforceability, and such invalidity or unenforceability shall not affect the remaining provisions hereof, which shall continue in full force and effect.

13. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon the Guarantor and its successors and permitted assigns and shall inure to the benefit of the Beneficiary and its successors and permitted assigns. The Guarantor shall not assign or delegate any of its obligations hereunder without the prior written consent of the Beneficiary.

14. COUNTERPARTS

This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures delivered by facsimile or electronic image shall be binding for all purposes as if originals.

15. ADDITIONAL COVENANTS

Guarantor Entity Type (select applicable)

Individual Corporation Limited Liability Company Other

Additional Terms or Conditions

16. AUTHORITY TO EXECUTE

Each person executing this Agreement on behalf of a party represents and warrants that such person is duly authorized to execute and deliver this Agreement on behalf of such party and that this Agreement is a legal, valid and binding obligation of such party enforceable in accordance with its terms.

Acknowledgment

The undersigned Guarantor confirms that it has read and understands the terms and legal consequences of this Agreement and that it voluntarily executes this Agreement as of the date first written above.

Beneficiary Name:

By:

Date:

Guarantor Name:

By:

Date:

What a Guaranty Agreement Form Is and when it matters

A Guaranty Agreement Form is a written contract in which a guarantor agrees to answer for the debt, performance, or obligation of another party (the principal obligor) if that party defaults. Typical uses include loan guarantees, lease guaranties, and performance guarantees for contracts. Guaranties may be limited or unlimited, personal or corporate, continuing or specific to a single transaction. Properly drafted guaranties identify parties, describe the underlying obligation, state the maximum liability and duration, and specify remedies on default to improve enforceability.

Why a clear guaranty protects interests and reduces disputes

A clear Guaranty Agreement Form allocates risk, gives lenders and landlords enforceable backup claims, and reduces ambiguity in collection or litigation. Written guaranties document consent, limit exposure through caps or expiration dates, and support credit decisions while creating a predictable remedy path on default.

Who commonly prepares, signs, and enforces guaranties

The guaranty is used by a range of parties who need contractual assurance that obligations will be met if the primary obligor fails.

Lenders and banks seeking additional repayment security beyond collateral and covenants.
Commercial landlords requiring personal or corporate guaranties for business tenants.
Suppliers and contractors asking for guarantees to secure payment or performance.

Essential sections to include in a professional guaranty

A professionally drafted Guaranty Agreement Form arranges obligations and protections into clear sections so obligations, scope, and remedies are immediate and enforceable.

Parties

Identify guarantor, principal obligor, and obligee using full legal names and entity types; include contact and registration details to prevent identity disputes.

Recitals

Describe the underlying contract or debt being guaranteed, including dates, reference numbers, and the principal agreement to tie the guaranty to a specific obligation.

Guaranty Clause

State whether the guaranty is absolute, conditional, continuing, or limited; define scope clearly to avoid unintended open-ended liability.

Scope & Limits

Set monetary caps, temporal limits, and covered obligations (principal, interest, fees, costs); specify whether future advances are included.

Duration

Define effective date, termination date, and events that discharge the guarantor; address automatic renewals and assignment rights if applicable.

Remedies

List lender remedies on default, notice and cure periods, acceleration, recovery of collection costs, and forum selection for disputes.

How to complete a Guaranty Agreement Form in four steps

Follow a concise sequence to draft, review, sign, and record the guaranty so parties understand obligations before execution.

01

Prepare Document: Draft with clear parties, scope, and caps.
02

Verify Parties: Confirm legal names and capacity to sign.
03

Agree Terms: Set notice, cure, and remedy provisions.
04

Execute: Sign, notarize if required, and distribute copies.

Routing and delivery: where the completed form should go

A completed guaranty must be distributed to all parties and retained with the underlying contract and loan file for enforcement and audit purposes.

Deliver to Lender: Provide executed original to the obligee or loan file custodian.
Notarize as Needed: If state or transaction requires, obtain notary or witnesses.
Provide Copies: Give signed copies to guarantor and principal obligor.
Retain Originals: Store originals in secure contract repository.

Configuring a digital signing workflow for guaranties

Set these key workflow options when using an eSignature platform to ensure proper authentication, ordering, and recordkeeping.

Field	Configuration
Authentication Method	Email link, SMS code, or knowledge-based authentication
Signature Order	Sequential signing to enforce signing priority
Conditional Fields	Enable fields that appear based on prior responses
Auto-Reminders	Set email reminders and escalation intervals

Digital signing and technical requirements for secure execution

Use a platform that supports common formats, secure transport encryption, and a robust audit trail for evidence of signing.

Integrations: Salesforce, NetSuite, Microsoft 365, Google Workspace
File Formats: PDF, DOCX, HTML
Authentication: Email, SMS, KBA, or advanced methods

Common timing expectations and deadlines to track

Track execution, notice, and cure timelines in the guaranty to preserve rights and avoid waiver of remedies.

Execution Effective Date:

Guaranty takes effect on the stated effective date.

Notice of Default:

Typical notice periods are 10–30 days before acceleration.

Cure Period:

Many agreements allow 10–30 days to remedy breach.

Statute of Limitations:

Contract statutes commonly range 3–6 years by state.

Delivery Timing:

Provide executed originals to obligee immediately after signing.

Common mistakes that weaken guaranty enforceability

Using informal or incomplete names that create identity disputes during enforcement proceedings and require corrective affidavits.
Failing to state a clear cap on liability or ambiguous language that invites competing interpretations in litigation.
Omitting required notarization or witness clauses where state law or the underlying contract mandates them.
Allowing modifications without signed amendment provisions, which can lead to unintended discharge of the guaranty.

Consequences of an incorrect or deficient guaranty

Unenforceable Guaranty: Guaranty voided

Personal Exposure: Unexpected liability for guarantor

Judgment Risk: Costs and interest accrue

Collection Costs: Legal fees may be recoverable

Tax Consequences: Guarantee enforcement may affect taxes

Regulatory Noncompliance: Recordkeeping or privacy fines

Comparison: eSignature vendor pricing and features relevant to guaranties

Pricing and core features vary; signNow is shown first for comparison. Verify plan details and compliance capabilities directly with each vendor before procurement.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently asked questions about guaranty forms and e-signing

Answers address enforceability, e-signatures, notarization, reversal, and signatory authority to reduce common uncertainties when preparing guaranties.

Need help? Contact support

Are electronic signatures valid?
Yes. Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and record retention requirements are met.
When is notarization required?
Notarization depends on state law and transaction type; guaranties tied to real property or recorded instruments commonly require notarization—verify state rules before execution or recording.
Can I revoke a guaranty?
Revocation depends on the guaranty terms and governing law; many guaranties are irrevocable for their stated term unless the agreement allows amendment or termination by consent.
Who must sign for an entity?
An authorized officer or agent must sign for a corporation or LLC; include printed name, title, and evidence of authority such as a corporate resolution where appropriate.
What if a name is inconsistent?
Mismatched names can delay enforcement; corrective affidavits or amendments may be required. Always use the exact legal name from formation or ID documents.
Is remote notarization acceptable?
Remote online notarization (RON) is permitted in most states but varies; confirm state RON rules and retention requirements for audiovisual recordings and identity-proofing methods.

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