About this template
Simple Surety Agreement (Enkel Borgen) – English template governed by Swedish law. Document a clearly identified private debt and a subsidiary guarantee using an editable English agreement, matching Swedish reference documents, a practical legal user guide and an Excel record-keeping workbook.
Under Chapter 10 Section 8 of the Swedish Commercial Code (Handelsbalken), the guarantor's subsidiary liability becomes relevant when the principal debtor's inability to pay has been sufficiently established. A missed instalment is not, in itself, conclusive proof. A proprieborgen under Section 9 has a materially different risk profile and is not the guarantee type in this package.
Included in the upgraded English-first package
- Simple Guarantee Agreement: separate creditor, principal debtor and guarantor identification; exact principal debt; subsidiary guarantee; enforceable amount subject to an absolute aggregate cap; notices and signatures.
- Principal Debt and Guarantee Cap Schedule: actual underlying debt, disbursement evidence, due dates, interest terms, payments and a total cap covering capital, interest and legally recoverable costs together.
- Debtor Inability-to-Pay Evidence Record: chronological documentation of collection and objective supporting evidence; not a substitute for legal assessment.
- Demand to Principal Debtor: itemised reminder or claim addressed to the actual borrower.
- Conditional Guarantor Demand: available for use only after sufficient legal prerequisites and underlying balances have been assessed.
- Guarantee Payment and Recourse Receipt: records actual receipt, reconciliation and potential recourse evidence.
- Guarantee Amendment: signed changes and guarantor risk acknowledgment, especially when the principal debt or guarantee risk changes.
- Release and Discharge Confirmation: closeout document for a verified payment, valid release, prescription or another applicable legal ground.
- Detailed English User Guide: clause-by-clause help, prerequisites, examples, limitation, common mistakes, evidence and official sources.
- Swedish reference versions: the nine document categories are supplied in matching Swedish-language DOCX/PDF versions.
- Excel guarantee management register: 7 sheets covering a dashboard, guarantees, actual payments, debtor-inability evidence, notices, legal checks and source links.
37 files in the upgraded ZIP: 18 editable Word/DOCX files, 18 searchable A4 PDF documents and one XLSX workbook. English is the main language. The Swedish documents are reference versions: English-language version governed by Swedish law.
The upgraded 37-file ZIP will be attached manually by the shop owner. Until it has been connected to Digital Products, the existing purchase delivery remains the original English Word and PDF files only. The new 37 files do not yet download automatically after checkout. The original files are preserved and are not overwritten.
What is a simple guarantee under Swedish law?
A simple guarantee (enkel borgen) is a personal undertaking linked to another person's identified debt. Unlike a guarantee as for one's own debt (proprieborgen), the creditor must establish the debtor's inability to pay according to the applicable rules before pursuing the simple guarantor. Documentary proof may depend on the circumstances; it cannot be replaced by a generic tick-box or delayed-payment email.
Who should use this package?
The package is primarily intended for private individuals documenting an identified loan with one simple guarantor. It is not a ready-made guarantee for unspecified future debts, multiple guarantors, bank-standard guarantees, cross-border enforcement or specialised business security arrangements. For these scenarios, obtain individual Swedish legal advice.
Important rights and safeguards
The guarantee must have a clear scope
Identify the principal loan and set an unambiguous absolute total cap in SEK. The cap must say whether principal, interest and recoverable expenses are included together; the updated form uses a combined overall limit. An automatic increase in exposure or extension to new loans should not be assumed.
Do not confuse non-payment with proven inability to pay
Record the unpaid debt, claims against the debtor, available enforcement results and other legally relevant facts. The supporting evidence has to be assessed before any claim against a simple guarantor. The forms cannot independently determine insolvency.
Limitation and prescription
The Swedish Limitation Act (1981:130) generally provides a ten-year period. A three-year period applies to certain claims against consumers for goods, services or benefits provided by traders and to guarantees securing those claims, subject to statutory exceptions. The legislation governs interruption of limitation periods and a principal claim's prescription generally also covers guarantee liability. The Excel workbook intentionally does not determine a legal prescription deadline.
Regress after guarantor payment
When a guarantor has actually paid the main debt, a right of recourse against the principal debtor may arise. Its extent, evidence and limitation need separate assessment. The payment receipt is only used for verified actual transactions.
How to complete the English documents
- Verify the parties' identities and the actual signed underlying debt, including disbursement evidence.
- Complete the main English guarantee, ensuring it says simple guarantee rather than guarantee as for one's own debt.
- Agree on an absolute aggregate cap. Fill in and attach the principal-debt schedule.
- Discuss the guarantor's financial exposure and give every signer copies of relevant debt documents.
- Sign the documents, date the schedules, and preserve reliable signed copies and correspondence.
- Record only factual payments and evidence in the Excel workbook; do not use it to establish insolvency or prescription.
- If a debtor defaults, first verify the debt, send a debtor demand, document collection evidence and assess the legal prerequisites for a guarantor demand.
- Document any changes or final discharge separately, including the underlying evidence.
Frequently asked questions
Is a simple guarantee the same as a surety “as for own debt”?
No. Simple guarantee under Chapter 10 Section 8 of the Commercial Code is subsidiary. The separate undertaking in Section 9 (proprieborgen) exposes the guarantor to a different collection risk.
Can a creditor demand payment immediately after a missed instalment?
Not automatically under a simple guarantee. The underlying debt must be due and the debtor's inability to pay must be established under the applicable rules and circumstances.
Is the agreement legally binding in every case?
No document can guarantee legal enforceability in every circumstance. Correct parties, the real debt, appropriate contractual terms, capacity, evidence and applicable law matter. Unreasonable terms may be reviewed under Section 36 of the Swedish Contracts Act.
Does the template cover all future debts and large business loans?
No. The standard document is intentionally restricted to a clearly identified debt and one guarantor. Specialised loans and open-ended guarantees need individual legal assessment.
Do guarantees have a fixed three-year limitation period?
Not generally. The default is ten years, while a three-year period applies to specified consumer debts and related guarantees. Interruption and special circumstances affect calculation.
Do financial supervisory rules apply to a loan between two private people?
Financial Supervisory Authority guidance FFFS 2023:20 concerns applicable consumer-credit providers within its scope; it does not impose blanket identical duties on every private-person loan.
Are the Swedish and English documents identical?
They address corresponding subjects, but should be reviewed after customisation. Where both are signed, parties should expressly agree which signed text prevails if the wording differs.
Primary sources and important disclaimer
Source review date: 13 October 2026. Swedish Commercial Code (Handelsbalken), Chapter 10 Sections 8–11; Limitation Act (1981:130), especially Sections 2, 4–9; Contracts Act (1915:218), Section 36; FFFS 2023:20 where applicable. General documentation templates, not individual Swedish legal advice. Relevant documents may need adaptation.
Looking for the Swedish-first version? See Enkel borgen – svensk huvudprodukt, or browse English templates.
