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Loan Personal Guarantee Form for the United Kingdom

Loan Personal Guarantee Form Template for England and Wales

A Loan Personal Guarantee Form is a legally binding document under English and Welsh law where an individual (the guarantor) agrees to be personally liable for a loan if the primary borrower defaults. The document outlines the terms of the guarantee, including the extent of liability, conditions for enforcement, and the guarantor's obligations. It provides the lender with additional security and typically includes provisions for immediate enforcement upon default.

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What is a Loan Personal Guarantee Form?

The Loan Personal Guarantee Form is a crucial document in lending arrangements under English and Welsh law, commonly used when a lender requires additional security beyond the borrower's own covenant. It is particularly relevant when lending to new businesses, small companies, or in situations where the borrower's creditworthiness alone is insufficient. The document creates a binding obligation on the guarantor to step in and repay the loan if the primary borrower fails to do so, making it an important risk mitigation tool for lenders. The guarantee must comply with strict formal requirements, including being in writing and signed.

What sections should be included in a Loan Personal Guarantee Form?

1. Parties: Identifies the guarantor, lender, and borrower with their full legal names and addresses

2. Background: Explains the context of the underlying loan agreement and the purpose of this guarantee

3. Definitions: Defines key terms used throughout the guarantee including 'Guaranteed Obligations', 'Event of Default', and 'Security'

4. Guarantee and Indemnity: Core obligations of the guarantor including primary guarantee provisions and indemnity terms

5. Extent of Liability: Defines the scope and limits of the guarantee, including maximum liability amount if applicable

6. Duration: Specifies the period of effectiveness of the guarantee and conditions for termination

7. Enforcement: Details when and how the guarantee can be enforced by the lender

8. Representations and Warranties: Statements and assurances made by the guarantor regarding their capacity and authority

9. Execution: Signature blocks and execution formalities including witness requirements

What sections are optional to include in a Loan Personal Guarantee Form?

1. Security: Additional security provisions when the guarantor provides specific assets as security

2. Joint and Several Liability: Provisions governing liability when there are multiple guarantors

3. Costs and Expenses: Specific provisions regarding the allocation of costs related to the guarantee

4. Independent Legal Advice: Confirmation that the guarantor has received independent legal advice

What schedules should be included in a Loan Personal Guarantee Form?

1. Schedule 1 - Guaranteed Obligations: Detailed description of the underlying loan agreement and obligations being guaranteed

2. Schedule 2 - Form of Demand: Standard template for making demands under the guarantee

3. Schedule 3 - Security Details: Specification of any additional security provided by the guarantor

4. Schedule 4 - Certificate of Independent Legal Advice: Form for solicitor to certify that independent legal advice has been given

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions















Clauses


















Industries

Statute of Frauds 1677: Foundational legislation requiring guarantees to be made in writing and signed to be legally enforceable

Consumer Credit Act 1974: Key legislation governing consumer credit agreements and related guarantees when the underlying loan is to an individual

Unfair Contract Terms Act 1977: Legislation controlling the use of unfair terms in contracts, particularly exclusion and limitation clauses

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract, relevant for guarantee relationships

Consumer Rights Act 2015: Legislation protecting consumer rights, applicable when the guarantor is acting as a consumer

Financial Services and Markets Act 2000: Primary legislation governing financial services regulation in the UK, including lending activities

FCA Regulations: Regulatory framework and guidance from the Financial Conduct Authority governing financial services and consumer protection

CONC Rules: Consumer Credit sourcebook rules providing specific requirements for consumer credit activities

Contract Formation Principles: Common law principles covering offer, acceptance, consideration, and intention to create legal relations

Capacity Rules: Legal principles governing parties' capacity to enter into binding contracts

Undue Influence and Duress: Legal principles protecting parties from being forced or improperly pressured into agreements

Misrepresentation Rules: Legal principles dealing with false statements or representations that induce contract formation

Data Protection Act 2018: Legislation implementing UK GDPR, governing the handling of personal data in contractual relationships

Money Laundering Regulations 2017: Regulations requiring certain checks and procedures to prevent financial crime

Mental Capacity Act 2005: Legislation governing assessment of mental capacity to enter into contracts, including guarantees

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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