Personal Guarantee Form Template for England and Wales

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Key Requirements PROMPT example:

Personal Guarantee Form

"I need a Personal Guarantee Form for my company's director to personally guarantee a £500,000 business loan from ABC Bank, with the guarantee to commence from 1 March 2025 and include standard enforcement provisions."

Document background
A Personal Guarantee Form is commonly used in England and Wales when a creditor requires additional security for a debt or obligation. This document is particularly relevant in business lending scenarios where a company director personally guarantees corporate debt, or in situations where a stronger covenant is required to support a financial obligation. The form must be carefully drafted to ensure compliance with English law requirements, including the Statute of Frauds 1677, and should clearly define the scope, duration, and conditions of the guarantee. It's essential to include provisions for enforcement and any limitations on the guarantor's liability.
Suggested Sections

1. Parties: Identifies the guarantor, creditor, and principal debtor with their full legal names and addresses

2. Background: Explains the context of the guarantee, including details of the underlying debt or obligation being guaranteed

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

4. Guarantee and Indemnity: Core section detailing the guarantor's primary obligations and indemnity provisions

5. Scope of Guarantee: Specifies the exact extent of guaranteed obligations and any limitations

6. Duration: Specifies when the guarantee becomes effective and when it terminates

7. Enforcement: Details the circumstances and process for enforcing the guarantee

8. Representations and Warranties: Statements of fact and assurances given by the guarantor

9. Governing Law and Jurisdiction: Specifies that English and Welsh law governs the agreement and courts have jurisdiction

Optional Sections

1. Security Provisions: Additional security arrangements when specific assets are being pledged as security

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

3. Financial Covenants: Financial obligations and restrictions imposed on the guarantor, typically used in commercial contexts

4. Consumer Protection Provisions: Additional protections when the guarantor is acting as a consumer

Suggested Schedules

1. Schedule of Guaranteed Obligations: Detailed list of the specific obligations being guaranteed

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

3. Assets Schedule: Comprehensive list of guarantor's assets when specific assets are being used as security

4. Guarantee Limitation Language: Specific wording required for particular jurisdictions or circumstances

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 | Serial Founder & Legal AI Author

Industries

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

Contracts (Rights of Third Parties) Act 1999: Governs how third parties may enforce terms of a contract, including guarantees, even if they are not party to it

Consumer Credit Act 1974: Applies when the guarantor is an individual and the guarantee relates to consumer credit arrangements

Consumer Rights Act 2015: Provides protection for guarantors who are acting as consumers, including provisions about fairness of terms

Unfair Contract Terms Act 1977: Regulates unfair terms in contracts, including requirements for reasonableness in guarantee agreements

Financial Services and Markets Act 2000: Relevant when the guarantee is connected to regulated financial activities or services

Common Law Contract Formation: Fundamental principles governing offer, acceptance, consideration, and intention to create legal relations

Doctrine of Undue Influence: Legal principle protecting guarantors from pressure or improper influence when entering into guarantee agreements

Misrepresentation Rules: Legal rules protecting parties from false statements or misrepresentations that induced them to enter the guarantee

Money Laundering Regulations 2017: Compliance requirements for identity verification and due diligence in financial arrangements

Banking Act 2009: Relevant for guarantees involving banking transactions or financial institutions

Insolvency Act 1986: Governs the enforcement of guarantees in cases of insolvency and bankruptcy

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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