Statute of Frauds 1677: Section 4 requires guarantees to be in writing and signed to be enforceable. This is a fundamental requirement for the validity of any guarantee agreement.
Companies Act 2006: Governs corporate capacity, authority, directors' duties and powers, and corporate benefit requirements. Essential for ensuring the guarantee is within the company's powers and properly authorized.
Contracts (Rights of Third Parties) Act 1999: Regulates third-party rights and enforcement in contractual arrangements, relevant for determining who can enforce the guarantee.
Common Law - Contract Principles: Fundamental principles including offer and acceptance, consideration, intention to create legal relations, and certainty of terms that form the basis of a valid contract.
Common Law - Corporate Law Principles: Covers ultra vires doctrine, corporate authority, and corporate benefit requirements essential for corporate guarantees.
Financial Services and Markets Act 2000: Relevant if the guarantee involves regulated financial activities, ensuring compliance with financial services regulations.
Insolvency Act 1986: Addresses the impact of insolvency on guarantees and includes provisions regarding fraudulent trading that may affect guarantee enforcement.
Consumer Credit Act 1974: Applicable if the guarantee involves consumer credit arrangements, providing additional protections and requirements.
UK Corporate Governance Code: Provides governance guidelines for listed companies, including requirements for approval and disclosure of corporate guarantees.
