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.


Locality: nil.

Link Conveyance: nil.

Principal Deed: nil.

V: all parties to the guarantee, deceased estates or trusts, and any variations thereof.

P: nil.