Had a colleague tell me she requires all Guarantees signed in an individual capacity notarized. I asked her if she still sends breakaway signature pages and she said yes of course. Wouldn’t whatever protection having the execution witnessed/notarized be negated by the fact it wasn’t attached to anything?

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No. The notary isn’t attesting to the substance of the document. Just that the signatory showed evidence they are who they say they are.

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You have to indicate on the breakaway signature page which document it’s being attached to. I usually do either a header at the top or a footer at the bottom with something like this: “[Signature Page to Non-Recourse Guaranty (Client: Deal Name)]”.

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Not necessarily - the notary really just confirms “yes this was signed by this person. No really!” Theoretically the guarantor could argue that the guaranty itself was not the document they thought they were attaching the breakaway page to. But that’s a risk in every transaction.

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The end result is that when you circulate final PDF copies of everything and get authorization to release those documents, you’ll have a trail of what document each sig page is attached to and will have authorization to release. If the guarantor isn’t involved in the transaction directly, you could always send them the final collated executed counterpart and ask for their authorization to release.

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