Statute of Frauds 1677: Section 4 requires guarantees to be in writing and signed by the guarantor or their authorized representative. This is fundamental for the enforceability of the guarantee.
Contracts (Rights of Third Parties) Act 1999: Governs whether and how third parties can enforce terms of the guarantee agreement, even though they are not direct parties to it.
Unfair Contract Terms Act 1977: Regulates the use and enforceability of exclusion and limitation clauses in contracts, particularly important when dealing with business-to-business guarantees.
Consumer Rights Act 2015: Provides additional protections when the guarantor is a consumer, requiring fair and transparent terms and imposing specific requirements for consumer guarantees.
Financial Services and Markets Act 2000: Applicable when the guarantee is provided in connection with regulated financial activities, imposing additional regulatory requirements.
Companies Act 2006: Relevant for corporate guarantees, governing issues of corporate capacity, authority, and execution requirements for companies providing guarantees.
Insolvency Act 1986: Addresses the enforcement and validity of guarantees in insolvency situations, including provisions affecting guarantees during bankruptcy or corporate insolvency.
Money Laundering Regulations 2017: Sets out due diligence requirements that may be relevant when establishing guarantee relationships, particularly in financial or high-value transactions.
