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Co Borrower Agreement Template for England and Wales

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Key Requirements PROMPT example:

Co Borrower Agreement

"I need a Co Borrower Agreement for a £250,000 residential mortgage where my spouse and I will be joint borrowers, with the loan to be drawn down by March 2025 and including specific provisions for what happens if either of us becomes unemployed."

Document background
The Co-Borrower Agreement is essential when multiple parties wish to share responsibility for a loan or credit facility in England and Wales. This document is commonly used in mortgage applications, personal loans, or business financing where additional borrowing power or security is required. The agreement establishes joint and several liability, meaning each co-borrower is fully responsible for the entire debt. It includes crucial details about loan terms, repayment schedules, default provisions, and the relationship between co-borrowers. This type of agreement is particularly important for protecting all parties' interests and ensuring clear understanding of shared financial obligations.
Suggested Sections

1. Parties: Identifies all borrowers and the lender with full legal names and addresses

2. Background: Explains the context of the agreement and why it's being entered into

3. Definitions: Defines key terms used throughout the agreement

4. Joint and Several Liability: Establishes that co-borrowers are jointly and severally liable for the loan

5. Loan Terms: Details of the loan amount, interest rate, and repayment terms

6. Representations and Warranties: Statements of fact made by the co-borrowers

7. Events of Default: Circumstances that constitute default under the agreement

8. Governing Law and Jurisdiction: Specifies that the agreement is governed by English and Welsh law and courts

Optional Sections

1. Security: Details of any security provided for the loan - include when the loan is secured against assets

2. Insurance Requirements: Specifications for required insurance coverage - include when insurance is required as part of the loan conditions

3. Death or Incapacity Provisions: Procedures in case of death or incapacity of a co-borrower - include when specifically requested by parties

Suggested Schedules

1. Schedule 1 - Loan Details: Detailed breakdown of loan amount, interest calculations, and payment schedule

2. Schedule 2 - Security Details: Description of any security provided for the loan

3. Schedule 3 - Conditions Precedent: List of conditions that must be satisfied before the loan becomes effective

4. Appendix A - Form of Notice: Standard form notices for communications under the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























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Relevant Industries
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Consumer Credit Act 1974: Primary legislation regulating consumer credit agreements, including form and content requirements for agreements and consumer protection provisions. Particularly relevant for loans made for consumer purposes.

Financial Services and Markets Act 2000: Establishes the regulatory framework for financial services in the UK, including requirements for regulated lending activities and consumer protection provisions.

Consumer Rights Act 2015: Governs fairness and transparency in consumer contracts, including requirements for clear terms and consumer protection measures in financial agreements.

Unfair Contract Terms Act 1977: Sets limitations on exclusion clauses and establishes reasonableness tests for contract terms in agreements.

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair commercial practices and ensures transparency in financial dealings between businesses and consumers.

Data Protection Act 2018 and UK GDPR: Establishes requirements for handling personal data, including privacy notices and consent requirements in financial agreements.

Money Laundering Regulations 2017: Sets out due diligence requirements and identity verification obligations for financial transactions and agreements.

Financial Services (Distance Marketing) Regulations 2004: Specifies information requirements and consumer protection measures for financial services agreements made at a distance.

Limitation Act 1980: Establishes time limits for enforcement of agreements and prescription periods for legal actions related to the agreement.

Law of Property Act 1925: Relevant for loans secured against property and establishes provisions for joint and several liability in co-borrowing situations.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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