Guarantee documents 105. We will give you a copy of the following documents and/or information in relation to the borrower: a) the proposed Loan contract; b) a list of any related Security contracts; c) any related credit report from a credit reporting body; d) any current credit-related insurance contract that is in our possession; e) any financial accounts or statement of financial position the borrower has given us in the previous two years for the purposes of the guaranteed Loan; f) the latest statement of account relating to the Loan for a period in which a notice of demand was made by us within the last two years; and g) other information we have about the guaranteed Loan that you reasonably request — but we do not have to give you our internal opinions. This paragraph does not apply if you are a Commercial Asset Financing Guarantor, Sole Director Guarantor, Trustee Guarantor or Partnership Guarantor. 106. If we approve the Loan being guaranteed by you, we will let you know that you can request a copy of our assessment about whether the Loan is not unsuitable for the borrower where regulated under the National Consumer Credit Protection Act, free of charge. 107. We will give the guarantee documents directly to you or your representative. We will not give the guarantee documents to the borrower, or to someone acting on behalf of the borrower, to arrange for you to sign the guarantee. This paragraph does not apply if you are a Commercial Asset Financing Guarantor, Sole Director Guarantor, Trustee Guarantor or Partnership Guarantor. 108. If you are a Director Guarantor (other than a Sole Director Guarantor) we will tell you that you have the right to receive the documents in paragraphs 103 to 105 and that these documents contain important information that may affect your decision to give a guarantee. You may choose not to receive some or all of the documents and we will not influence your choice. Before accepting a guarantee 109. Before we accept your guarantee, we will take reasonable steps to ensure that a meeting is held with you either in person or via video conference, phone, or some other means to discuss you being a Guarantor. 110. We will take reasonable steps to ensure that the borrower is not, to our knowledge, present at the time of the meeting referred to in paragraph 109. Where the meeting is not in person, this will be done by having you confirm that the borrower is not present, and if the meeting is via video conference, we will also ensure that the borrower is not visible on screen. 111. Paragraphs 109 and 110 do not apply if: a) you or your lawyer confirm to us that you have received independent legal advice about the guarantee; b) you are a Director Guarantor, Commercial Asset Financing Guarantor, Sole Director Guarantor, Trustee Guarantor, Partnership Guarantor or Vehicle Asset Financing Guarantor; or c) you are accepting an extension of the guarantee. Signing your guarantee When we can accept your guarantee 112. We will not accept a guarantee from you until the third day after you have been given the information provided at paragraphs 103 to 105. 113. However, we can accept the guarantee earlier if: a) you or your lawyer confirm to us that you have received independent legal advice about the guarantee; b) you are accepting an extension of the guarantee; c) you are a Commercial Asset Financing Guarantor, Sole Director Guarantor, Trustee Guarantor, Partnership Guarantor or Vehicle Asset Financing Guarantor; or d) you are a Director Guarantor and you choose to sign and deliver the guarantee earlier. We will not influence your choice. 114. If we attend the signing of the guarantee, we will ensure that you sign the guarantee in the absence of the borrower. Where the signing is via video 24 | ausbanking.org.au
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