ADIS Code - GU
A guarantee is a contract in which one party gives a second party an undertaking to answer for any debt or default etc of a third party.
Lodgment requirements
Stamp duty - Required if dated before 1.1.1989. If not marked, Registration insisted upon is prohibited.
Not required if dated on or after 1.1.1989.
Registration copy - Required. If unacceptable, Registration insisted upon is prohibited.
Statement of Title Particulars form - Not required.
NOS form - Not required.
Index Particulars form (completion)
(A) Lodging Party - Must be completed.
(B) Instrument - Guarantee (Deed of)
(C) Locality - Not required.
Link Conveyance - Not required.
Principal Deed - Not required.
(D) Indexing - All parties involved in the guarantee.
(E) Certification - Required.
Document requirements
Date: must be dated with the date of execution. If not dated advise the lodging party. If a date is not furnished, indicate Registration insisted upon and include the reason.
Name: the full names (initials are acceptable) of the vendor and the purchaser are required. Advise the lodging party of any discrepancies in names.
Operative clause: "... hereby guarantee ...".
Execution: by the party giving the guarantee. A power of attorney does not have to be registered. The party who is the subject of or receiving the benefit of the guarantee does not have to sign.
Attestation: required. Must be witnessed by a person of 18 years of age or older who is not a party to the document.
IPF: must be completed.
Staff processing information
A guarantee affecting a registered document must be entered under the General Frame, i.e. code "G", with a Noting: "Guarantee affecting [interest details]". Enter all parties to the guarantee as Vendors entries.
CA Not required.
Noting Not required.
Indexing
Locality: nil.
Link Conveyance: nil.
Principal Deed: nil.
V: all parties to the guarantee, deceased estates or trusts, and any variations thereof.
P: nil.