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Personal Guarantee Loan Agreement for the United Kingdom

Personal Guarantee Loan Agreement Template for England and Wales

A legally binding agreement governed by the laws of England and Wales, establishing the terms under which a personal guarantor assumes responsibility for a loan obligation. The document outlines the guarantor's obligations, the extent of liability, enforcement mechanisms, and the relationship between all parties involved. It includes specific provisions for default scenarios and compliance with UK financial regulations.

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Personal Guarantee Loan Agreement

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What is a Personal Guarantee Loan Agreement?

A Personal Guarantee Loan Agreement is essential when a lender requires additional security for a loan through a personal guarantee from a third party. This document, governed by English and Welsh law, establishes the legal framework for the guarantee, detailing the guarantor's obligations, enforcement rights, and the circumstances under which the guarantee can be called upon. It's commonly used in business lending where directors personally guarantee company loans, or in situations where additional security is required beyond the borrower's own assets or creditworthiness. The agreement must comply with UK consumer credit legislation and financial regulations.

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

1. Parties: Identification of lender, borrower, and guarantor including full legal names, addresses, and company details if applicable

2. Background: Context of the loan and guarantee arrangement, including reference to the main loan agreement

3. Definitions: Key terms used throughout the agreement including 'Guaranteed Obligations', 'Security', 'Event of Default'

4. Guarantee Obligations: Core guarantor commitments, extent of liability, and nature of guarantee (continuing, primary or secondary)

5. Payment Terms: Details of repayment schedule, methods of payment, and circumstances triggering payment obligations

6. Representations and Warranties: Guarantor's confirmations regarding their financial status, capacity, and understanding of obligations

7. Default Provisions: Events constituting default and consequences, including enforcement rights and remedies

8. Indemnity: Guarantor's obligation to indemnify the lender against losses

9. Governing Law and Jurisdiction: Specification of English and Welsh law as governing law and jurisdiction for disputes

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

1. Security Provisions: Details of any additional security provided by the guarantor, including charges over assets

2. Multiple Guarantors Clause: Provisions for joint and several liability when multiple guarantors are involved

3. Assignment Rights: Rights of parties to assign or transfer their rights under the guarantee

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

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

1. Schedule 1 - Loan Details: Details of the underlying loan including amount, interest rate, and term

2. Schedule 2 - Payment Schedule: Detailed repayment timeline and amounts under the main loan agreement

3. Schedule 3 - Notice Details: Contact information and addresses for service for all parties

4. Appendix A - Form of Demand: Standard template for making formal demands under the guarantee

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

Finance Agreement

Cost

Free to use
Relevant legal definitions

























Clauses

























Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements and personal guarantees in England and Wales, establishing the framework for consumer protection in credit transactions

Financial Services and Markets Act 2000: Key legislation regulating financial services in the UK, providing the framework for financial regulation and supervision

Unfair Contract Terms Act 1977: Legislation controlling unfair terms in contracts, particularly relevant for guarantees and limitations of liability

Consumer Rights Act 2015: Modern legislation consolidating consumer rights and protections, including provisions about unfair terms in consumer contracts

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

FCA Regulations: Financial Conduct Authority's regulatory framework governing financial services and consumer credit activities

Consumer Credit sourcebook (CONC): FCA handbook containing detailed rules and guidance for consumer credit firms

Treating Customers Fairly (TCF): FCA principle-based framework ensuring fair treatment of customers in financial services

Money Laundering Regulations 2017: Regulations requiring due diligence and verification procedures in financial transactions

GDPR and Data Protection Act 2018: Legislation governing the processing and protection of personal data in contractual relationships

Financial Services (Distance Marketing) Regulations 2004: Regulations governing financial services contracts made at a distance

Consumer Protection from Unfair Trading Regulations 2008: Regulations protecting consumers from unfair commercial practices

Doctrine of Consideration: Common law principle requiring something of value to be exchanged for a guarantee to be legally binding

Contractual Capacity Rules: Common law principles determining who has the legal capacity to enter into guarantee agreements

Undue Influence and Misrepresentation Principles: Common law doctrines protecting guarantors from improper pressure or false statements when entering 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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