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Loan Guarantee Agreement Template for England and Wales

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Key Requirements PROMPT example:

Loan Guarantee Agreement

"I need a Loan Guarantee Agreement under English law where Company ABC Ltd will guarantee a £5 million business loan from Bank XYZ to my startup company, with the guarantee period starting from March 2025 and including specific limitations on the guarantor's liability."

Document background
A Loan Guarantee Agreement is essential when a lender requires additional security for a loan beyond the borrower's own covenant. Under English and Welsh law, this document creates a secondary obligation where the guarantor promises to pay or perform if the borrower fails to do so. The agreement typically includes detailed provisions about the nature of the guarantee, enforcement mechanisms, and any limitations on the guarantor's liability. It must comply with strict formal requirements, including being in writing and signed by the guarantor, as mandated by the Statute of Frauds 1677.
Suggested Sections

1. Parties: Identifies and defines the Lender, Borrower, and Guarantor

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

3. Definitions: Defines key terms used throughout the agreement

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

5. Nature of Guarantee: Specifies whether it is a continuing guarantee and details the type of liability

6. Enforcement: Circumstances and process for enforcing the guarantee, including procedures for demands

7. Representations and Warranties: Guarantor's confirmations about capacity, authority and financial condition

8. Governing Law and Jurisdiction: Specifies English and Welsh law as applicable law and determines jurisdiction of courts

Optional Sections

1. Security: Details of any security provided by the guarantor to support their obligations under the guarantee

2. Guarantee Limitations: Specific caps or restrictions on the guarantor's liability, including financial limits or time restrictions

3. Multiple Guarantors Provisions: Additional provisions dealing with joint and several liability when more than one guarantor is involved

4. Consumer Protection Provisions: Additional protective clauses required when the guarantor is an individual acting as a consumer

Suggested Schedules

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

2. Underlying Loan Agreement: Copy or key details of the loan agreement being guaranteed

3. Security Documents: Forms and details of any security arrangements supporting the guarantee

4. Corporate Authorizations: Required board resolutions, powers of attorney and other corporate approvals

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
































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Industries

Statute of Frauds 1677: Fundamental legislation requiring guarantees to be in writing and signed by the guarantor or their authorized representative

Contracts (Rights of Third Parties) Act 1999: Governs how third parties may enforce terms of the guarantee and their rights under the agreement

Financial Services and Markets Act 2000: Key legislation applicable when the guarantee is provided in connection with regulated financial activities

Consumer Credit Act 1974: Crucial legislation when the guarantee relates to a consumer credit agreement, especially if the guarantor is an individual

Unfair Contract Terms Act 1977: Controls unreasonable exclusion clauses in business-to-business contracts and limits the extent to which liability can be excluded

Consumer Rights Act 2015: Applies when the guarantor is acting as a consumer and controls unfair terms in consumer contracts

Financial Services and Markets Act 2000 (Regulated Activities) Order 2001: Secondary legislation determining whether the guarantee falls within regulated activities requiring authorization

Common Law Principles: Essential legal principles including consideration, contractual construction, misrepresentation, undue influence, and discharge of guarantees

Companies Act 2006: Corporate law framework governing company guarantors, including issues of corporate capacity, authority, and requirements for execution of documents

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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