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Deed Of Release Of Guarantee Template for England and Wales

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Key Requirements PROMPT example:

Deed Of Release Of Guarantee

"I need a Deed of Release of Guarantee to release ABC Holdings Ltd as guarantor from their obligations under a commercial property lease guarantee dated 15 March 2025, as they've sold their interest in the tenant company."

Document background
A Deed of Release of Guarantee is commonly used when parties wish to formally discharge a guarantor from their obligations under an existing guarantee. This might occur when refinancing, restructuring debt, or when a guaranteed obligation has been satisfied. The deed must be executed in accordance with English and Welsh law requirements and typically includes details of the original guarantee, the scope of the release, and any conditions attached to it. It provides certainty and finality for all parties involved and helps prevent future disputes about the guarantor's obligations.
Suggested Sections

1. Parties: Identifies all parties to the deed including the guarantor being released and the beneficiary of the guarantee

2. Background: Details of the original guarantee and circumstances leading to its release

3. Definitions: Defines key terms used in the deed

4. Release: The operative clause releasing the guarantor from obligations

5. Governing Law: Specifies English and Welsh law as governing law

6. Execution: Formal execution blocks for all parties

Optional Sections

1. Representations and Warranties: Additional confirmations by parties, used when specific assurances about authority or circumstances are required

2. Surviving Provisions: Identifies any provisions that survive the release, used when certain obligations need to continue post-release

3. Costs: Allocation of costs related to the release, used when costs need to be specifically addressed

Suggested Schedules

1. Original Guarantee: Copy or details of the guarantee being released

2. Related Security Documents: List of any related security documents affected by the release

3. Corporate Authorizations: Copies of relevant corporate approvals (if applicable)

Authors

Alex Denne

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

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Industries

Law of Property (Miscellaneous Provisions) Act 1989: Governs requirements for deeds including: must be in writing, must be clear it's intended to be a deed, and must be properly executed as a deed

Companies Act 2006: Regulates execution of documents by companies, including requirements for company seals and authority of signatories (Sections 44-46)

Statute of Frauds 1677: Section 4 requires guarantees to be in writing and signed

Contract Law principles: Fundamental principles including consideration (though not strictly required for deeds), capacity of parties, and clear intention to create legal relations

Financial Services and Markets Act 2000: Relevant if the original guarantee relates to regulated financial activities

Partnership Act 1890: Governs authority to execute deeds if any party is a partnership

Insolvency Act 1986: Ensures release doesn't conflict with insolvency rules and provides protection against preference claims

Trustee Act 2000: Governs authority of trustees to release guarantees if trustees are involved

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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