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Deed Of Release Of Guarantee Template for United States

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Key Requirements PROMPT example:

Deed Of Release Of Guarantee

"I need a Deed of Release of Guarantee to release my company as guarantor from a $2M commercial loan facility that was fully repaid in January 2025, with the original guarantee having been provided to ABC Bank for our subsidiary's obligations."

Document background
A Deed of Release of Guarantee is utilized when parties wish to formally terminate guarantee obligations that were previously established. This document is particularly important in the United States where formal release of obligations requires clear documentation to ensure enforceability. The deed typically includes details of the original guarantee, the scope of the release (whether partial or complete), and any surviving obligations. It's commonly used when refinancing, restructuring debt, or when the original guarantee is no longer required due to changed circumstances.
Suggested Sections

1. Parties: Identification of guarantor being released, creditor, and primary debtor

2. Background: Details of original guarantee and reason for release

3. Definitions: Key terms used in the deed including reference to original guarantee, secured obligations, and release terms

4. Release: Core provisions releasing guarantor from obligations

5. Execution: Formal execution blocks with notarization requirements

Optional Sections

1. Partial Release Provisions: Specific provisions detailing which parts of the guarantee are being released when not releasing the entire guarantee

2. Continuing Obligations: Provisions specifying any obligations that survive the release

3. Consideration: Details of any payment or consideration for the release

Suggested Schedules

1. Original Guarantee: Copy of the original guarantee being released

2. Released Obligations: Detailed list of obligations being released

3. Surviving Obligations: List of any obligations that survive the release

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºìÐÓÖ±²¥ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions












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Industries

State-Specific Laws: Each state has distinct contract and property laws, specific requirements for deed execution, notarization, and recording requirements if the original guarantee was recorded

Statute of Frauds: Legal principle requiring certain contracts, including guarantees and their releases, to be in writing to be enforceable under state laws

Uniform Commercial Code: Federal regulations including Article 3 (Negotiable Instruments) and Article 9 (Secured Transactions) that may apply if the guarantee relates to secured obligations

Federal Laws: Includes Equal Credit Opportunity Act, Truth in Lending Act (for consumer-related matters), and relevant Bankruptcy Code provisions

Legal Formalities: Requirements for valid deed execution, consideration requirements, and state-specific notarization requirements

Common Law Principles: Fundamental contract law principles, rules regarding release of obligations, and the doctrine of consideration that govern the validity and enforcement of the release

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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