Loan Guarantee Form Template for England and Wales

A legally binding document governed by English and Welsh law, where one party (the guarantor) promises to assume responsibility for the payment or performance of another party's (the principal debtor's) debt or obligations if they fail to pay or perform. The document establishes the terms, conditions, and extent of the guarantee, including enforcement mechanisms and the guarantor's obligations.

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What is a Loan Guarantee Form?

A Loan Guarantee Form is essential in lending arrangements where additional security is required beyond the principal debtor's commitments. Under English and Welsh law, this document creates a secondary obligation where the guarantor agrees to fulfill the principal debtor's obligations if they default. The form must comply with the Statute of Frauds 1677 and includes detailed provisions about the guarantee's scope, duration, and enforcement mechanisms. It's commonly used in commercial lending, property transactions, and corporate finance where lenders seek additional security for their loans.

What sections should be included in a Loan Guarantee Form?

1. Parties: Identifies all parties to the guarantee including creditor, guarantor, and principal debtor

2. Background: Sets out the context of the underlying loan and reason for guarantee

3. Definitions: Defines key terms used throughout the guarantee

4. Guarantee and Indemnity: Core provisions setting out the guarantee obligations

5. Scope of Guarantee: Defines extent and limitations of guaranteed obligations

6. Duration: Period of effectiveness of the guarantee

7. Guarantor's Obligations: Detailed responsibilities and commitments of the guarantor

8. Enforcement: Circumstances and process for enforcing the guarantee

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

1. Security Provisions: Additional provisions when the guarantee is secured against specific assets

2. Multiple Guarantors: Provisions for joint and several liability when more than one guarantor exists

3. Assignment Rights: Provisions governing the rights to assign or transfer the guarantee

What schedules should be included in a Loan Guarantee Form?

1. Principal Agreement: Copy or details of the underlying loan agreement

2. Security Details: Description of any security provided for the guarantee

3. Guaranteed Obligations: Detailed list of obligations covered by the guarantee

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Guarantee Agreement

Sector

Banking

Cost

Free to use

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