Guarantee for a private loan (Austria)
Published byDocMuse
This document is in German
The PDF you download is in German — that is the language it has to be filed in, so it is not translated. Everything on this page is here to tell you what it says.
The declaration by which a private individual in Austria guarantees the repayment of a private loan — with a maximum amount and a choice between an ordinary guarantor (§ 1355 of the Austrian Civil Code, ABGB) and a guarantor liable as co-debtor (Bürge und Zahler, § 1357 ABGB). A guarantor acting outside a business must undertake in writing (§ 1346 Abs 2 ABGB), and an electronic signature counts only with a notary's or lawyer's confirmation (§ 4 Abs 2 SVG). So this declaration is printed and signed by the guarantor by hand. No stamp duty as security for a loan (§ 20 Z 5 GebG). In German.
What you fill in
The details the document asks for.
- Guarantor
- Guarantor's academic degree (if any)
- Guarantor's date of birth
- Guarantor's address
- Lender
- Lender's address
- Date of the loan agreement
- Amount
- Borrower
- Borrower's address
- Maximum amount of the guarantee (euro)
- Maximum amount in words
- Type of guarantee (ordinary guarantor, or guarantor liable as co-debtor)
- City
- Date
Preview
This document is produced for you. Your answers are typed into it and the finished PDF is yours to keep.
Common questions
- Why must a guarantee for a loan in Austria be signed by hand?
- A guarantee is valid only if the guarantor undertakes in writing (§ 1346 Abs 2 ABGB). For a guarantor acting outside a business, an electronic signature replaces the handwritten one only if the document carries a notary's or lawyer's confirmation that they explained its consequences (§ 4 Abs 2 SVG). So print the declaration, have the guarantor sign it by hand and give the creditor the signed original.
- What is the difference in Austria between an ordinary guarantor and a Bürge und Zahler?
- The creditor can turn to an ordinary guarantor only once the principal debtor has failed to pay after the creditor's demand (§ 1355 ABGB). A Bürge und Zahler is liable as a joint co-debtor: the creditor may choose to claim from the principal debtor, the guarantor or both (§ 1357 ABGB). In both cases the maximum amount in the declaration limits what the guarantor answers for.
- Is a guarantee for a private loan in Austria subject to stamp duty?
- No. Guarantee declarations are in principle subject to duty (§ 33 TP 7 GebG), but a guarantee securing a loan is exempt as an ancillary transaction, between private individuals too (§ 20 Z 5 GebG). That is why this declaration is written only for guaranteeing a loan. A guarantee for rent or another debt may attract the duty; this document is not meant for it.
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.
Related documents
- Application to protect a garnished bank account (Austria)
Your application to the enforcement court in Austria when your bank account has been garnished and your wages, salary, pension or other income that is only partly garnishable is paid into it. Austria has no special protected account: on your application the district court lifts the garnishment under § 292i EO as far as the balance matches the protected part of your income until the next pay date, and if asked, in advance for what you urgently need. With the case number, bank, IBAN, income and pay dates. By post, in person or through JustizOnline — not by e-mail; you can also apply orally at the court. In German.
- Complaint to a bank about payments, an account, a card or a loan (Austria)
Your written complaint to a bank in Austria — about a faulty transfer, a card payment, charges, a blocked account, a basic payment account (Basiskonto), a loan or an investment. It sets out what happened and the remedy you want, and sets the deadline for the answer: for payment services 15 business days, exceptionally 35 (§ 97 of the Austrian Payment Services Act, ZaDiG 2018). Complaining to the bank first is also the condition for a procedure before the joint conciliation body of the Austrian banking industry; a complaint to the Financial Market Authority (FMA) remains open alongside. In German.
- Direct debit refund or standing order cancellation — instruction to the bank (Austria)
Your instruction to your own bank in Austria about a direct debit or a standing order: have a SEPA direct debit refunded, dispute a debit taken without a valid mandate, stop an announced debit, bar a payee's future debits or delete a standing order (Dauerauftrag). An authorised SEPA direct debit is refunded within eight weeks with no reason needed (§§ 70, 71 of the Austrian Payment Services Act, ZaDiG 2018), an unauthorised one within 13 months (§ 65 ZaDiG 2018). With payee, mandate reference, amount and date. In German.
- Closing a current account, with or without switching banks (Austria)
A letter to your bank in Austria closing your current account (Girokonto), whether you are leaving altogether or moving to a new bank through the account-switching service. It gives the IBAN, the account holder and date of birth, the closing date and the account for the remaining balance, ends the cards, overdraft and online banking linked to the account, and asks for written confirmation. Under the Austrian Payment Services Act (§ 51 ZaDiG 2018) you may terminate at any time, on at most one month's notice, and free of charge for an open-ended account. A choice covers switching under §§ 14 ff VZKG. In German.
- Conciliation request in a dispute with a bank (Austria)
Your application to the joint conciliation body of the Austrian banking industry (Gemeinsame Schlichtungsstelle der Österreichischen Kreditwirtschaft) in Vienna, when your bank has rejected your complaint or not answered it — over transfers, card payments, charges, an account or other banking business. It names the bank, the contract, the complaint and the answer, describes the dispute and the amount claimed, and contains the usual declarations, including releasing the bank from banking secrecy. The procedure is free for you and voluntary for the bank; the body proposes a solution. Foreign-currency loan disputes go to the consumer conciliation body. In German.
- Revoking a direct debit mandate (Einziehungsauftrag) with the payee (Austria)
A letter to the payee in Austria — gym, insurer, club, online shop or collection agency — revoking your SEPA direct debit mandate, still often called an Einziehungsauftrag in Austria. It gives the mandate reference, the creditor ID and your IBAN, forbids further debits once it is received and says how payment continues: you transfer the money yourself, the contract has ended, or you pay from another account. Revoking the mandate ends neither the contract nor a debt. A debit taken anyway is unauthorised, and your bank refunds it under the Austrian Payment Services Act (§§ 65, 67 ZaDiG 2018). In German.