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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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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) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Document Type

Finance Agreement

Cost

Free to use

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